| Defenses to Construction Contract Termination |
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| When one party opposes the termination of the construction contract by the other party, various defenses may be asserted. These include waiver of breach, ratification of breach, failure to timely assert termination right, and substantial completion of contract. Action and inaction by a party can lead to a claim of waiver or ratification of the breach. More... |
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| Bidding on Public Contracts |
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| For public construction projects, competitive bidding is utilized to obtain the best price for the work required from a responsible contractor. Although specific bidding procedures vary by locality, the essential character of the process remains the same. In a nutshell, the successful bid will generally be the one that is submitted by a responsible contractor for the lowest price and that is most responsive to the project specifications outlined by the public entity. More... |
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| Withholding Contractor Payments |
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| When a construction project ensues, the contractors are generally paid for their work through a series of progress payments. When the contractor's work is delayed, he may receive reduced payments. Additionally, some owners may go so far as to withhold payments completely for delay in the contractor's performance. More... |
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| Common Interest Developments |
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| Common interest developments (CID) are planned communities that can take many forms. For example, CIDs can be made up of detached homes, condominiums, or townhomes. The hallmark of a CID is that each property owner may use the community's common areas and facilities and there is a system of governance in place to which all owners adhere. More... |
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| Fast-Track Construction |
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| Though time is generally "of the essence" in all construction contracts, when fast-track construction is contemplated time is critically of the essence. Fast-track construction is basically construction accomplished in phases, which begins before the completion of the plans and specifications. More... |
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