Construction Law
| Contractor's Duties to Adjacent Landowner |
|
| When a contractor undertakes to perform work on a construction project, he owes certain duties to the owners of property adjacent to the construction site. Generally, he must take reasonable care not to injure or damage adjacent property. Sometimes, this duty is included in the construction contract with the obligation to indemnify the owner for any damage that does occur. More... |
|
|
| Interpretation of Construction Contracts - Course of Dealing |
|
| The "course of dealing" between parties to a construction contract encompasses their past actions in conducting business on other matters and is regarded as the basis for a common understanding between the parties. Essentially, their conduct in carrying on past business affairs with one another may be used to interpret a contractual provision in their current business endeavor. When the parties have neglected to include a term in their current contract, courts may look to their course of dealing to supply the missing term. More... |
|
|
| Act of God as a Contractor's Defense |
|
| An owner may allege breach of contract against the builder with respect to the performance, or lack thereof, of the construction contract. As a defense, the builder may claim the impossibility of performance based on an act of God. Additionally, the act of God defense can be utilized on a builder's behalf to show that a delay in performance was excusable. More... |
|
|
| TERMINATION OF FEDERAL CONSTRUCTION CONTRACTS BASED ON DEFAULT |
|
| Construction contracts with the federal government must generally be completed by the scheduled completion date because the government has an interest in its occupancy or use of a project. The government normally secures the completion of the project by the scheduled completion date through performance bonds, penalties for delay, or escrow accounts. More... |
|
|
| AN OWNER'S IMPLIED WARRANTY REGARDING PLANS AND SPECIFICATIONS |
|
| Plans and specifications are the means by which an owner, a design professional, and a contractor communicate in a construction project. If an owner hires a design professional, the design professional is generally responsible for any defects in the plans and specifications. If an owner hires a contractor to design and to build a construction project, the contractor is generally responsible for any defects in the plans and specifications. However, if the owner supplies the plans and specifications to the contractor, the owner may be responsible for any defects in the plans and specifications. More... |
|
|