| Standard Claims For Differing Site Conditions |
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| A differing site condition is a subsurface or concealed condition in the construction site that was not contemplated at the time of contracting. Differing site conditions can necessitate revisions to the construction design, delay construction, and increase construction costs. As such, contractors experiencing differing site conditions will usually seek an equitable adjustment to the contract price. At the outset, the recovery of any adjustment is conditioned on whether or not the parties' contract addresses differing site conditions. More... |
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| NEGLIGENCE ACTIONS AGAINST CONTRACTORS |
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| In addition to a breach of contract action against a contractor, an owner may also be entitled to a negligence action against the contractor. This type of action is based upon the contractor's negligence during the course of a construction project. The main reason for asserting a negligence action against a contractor is that the damages in a negligence action generally exceed the damages for a breach of contract action. More... |
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| ARBITRATION AWARDS IN GLOBAL CONSTRUCTION DISPUTES |
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| Arbitration awards in global construction disputes are final decisions that are binding on the parties to the arbitration. The awards should be based on the applicable substantive law. The substantive law that applies to the dispute is most often set forth in an arbitration agreement. More... |
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| Negligent Certification by Architect |
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| For a contractor to receive the final payment for his work on a construction project, the architect must certify that the work has been completed and it has been done satisfactorily. An architect's negligent certification can have substantial ramifications, with owners, contractors, and sureties all potentially having claims against him. More... |
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| BREACH OF CONTRACT BY AN OWNER |
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| When an owner and a contractor enter into a contract for the erection of a new structure or for the repair, remodeling, or alteration of an existing structure, the owner has an obligation to pay the contractor for his or her work on the project. If the owner fails to pay the contractor for his or her work, and there is no justification for non-payment, the owner will be considered in breach of the contract. More... |
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