Construction Law
| AN OWNER'S RIGHT TO STOP & TO COMPLETE WORK |
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| An owner who is involved in a construction project has certain rights under his or her contract with a contractor. One of the owner's rights in a construction project is the right to stop work on the construction project. This right is similar to the owner's right to terminate the contract for breach of contract by the contractor. More... |
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| Alternative Dispute Resolution and Construction Disputes |
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| Alternative dispute resolution (ADR) is an effective avenue for the resolution of construction disputes, and has been especially employed with respect to construction defect litigation. ADR provides a cost-effective way for the parties to air their grievances and come to a compromise in order to save the financial resources that would surely be expended if the matter was to go to trial. The two most prevalent forms of ADR are mediation and arbitration. More... |
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| Anticipatory Breach of Construction Contract |
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| After a construction contract has been entered into, but prior to the time for performance thereunder, a party may positively declare his intention not to fulfill his contractual obligations. This "anticipatory breach" can occur either through the party's express declaration or it can be implied through the party's conduct. If anticipatory breach occurs by implication, the breaching party's conduct must be unequivocal in the intention not to perform. 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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| Delay Claims Against Third Parties |
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| On a construction project, it is not always the fault of the owner or contractor when a delay occurs. Sometimes, the delay results from the action or inaction of a third party. A prime third party whose negligence can severely hamper the progress of a construction project is the architect or engineer. More... |
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