Both express and implied warranties can be invoked in design and construction cases. Learn about the standard express and implied warranties made by the parties to a construction contract, including the scope, duration, notice requirements, and remedies of these...
All 50 states have licensing or registration requirements for architects and engineers, while contractor and subcontractor licensing requirements vary by state. In some states, if an unlicensed construction professional performs work, they risk the imposition of...
Construction involves management of many risks, one of which is failure of the owner to compensate the contractor for work that is properly performed. Contractors attempt to spread this credit risk down the contracting chain to subcontractors by including pay-if...
Navigating zoning regulations is a persistent challenge for construction attorneys. Indeed, failure to adequately address zoning contingencies in a construction contract can instigate project delays, increase expenses, and, in some cases, lead to the premature...
A well-drafted force majeure clause in a construction contract can minimize or avoid delays and disputes following events that are beyond the control of the parties. Read now » Related Content Owner-Contractor Agreements Read this practice note for...
The best proof of a contractor's claim is to provide actual cost information from the company's accounting books and records with the damage calculation, presenting a direct cost for each item of delay. This is known as the detailed damage calculation method...
What is the State Law Comparison Tool? The Practical Guidance State Law Comparison Tool helps attorneys handle complicated and varied legal issues across multiple U.S. states. Its features are designed to address several difficulties associated with looking up...
It was supposed to be their dream home. But six months after moving in, the Fitzgeralds noticed water stains on their dining room ceiling which worsened into leaks. The contractor who built it insisted the roof warranty had expired. After threatening legal action...
Liens are technical documents, and sometimes even minor mistakes can be fatal. Inevitably, a client, perhaps a painter, an electrician, or a plumber, will hire you to collect money for a job for which they haven't been paid. Knowing how to file a mechanic’s...
The American Arbitration Association (AAA) is the most used forum for the arbitration of construction disputes. Learn about procedures for and rules governing AAA arbitration of a construction dispute and find out how AAA arbitrations are conducted using video...
Earlier this year, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers published a final rule 1 to revise the definition of waters of the United States. THIS ARTICLE DISCUSSES THE IMPACT OF THAT REVISION as well as considerations for...
Design professionals who engage directly with the design-builder or contractor and provide services to a construction project’s design need to be aware of the potential liabilities embedded in the contracts and other legally binding documents they sign. ...
By Steven G. M. Stein | Partner, Stein Ray LLP Pay if Paid Provisions Shift Risk of Non-Payment Downstream Pay if paid provisions are quite common in construction subcontracts, shifting the risk of non-payment by an owner to a general contractor (or a higher...
The pricing model selected to determine the cost of the project is arguably the most important decision the parties will make. Not only does the pricing structure determine the project cost, but it also imposes substantially different responsibilities and opportunities...
Contractors regularly sign releases during the project performance that handicap their ability to collect any additional performance costs. If releases are not carefully worded, they can give away more than the contractor intended and later prevent it from pursuing...