| Anticipatory Breach of Construction Contract |
| 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... |
| Contractor's Implied Duties |
| In addition to the duties expressly identified in the construction contract, a contractor must adhere to certain implied obligations. First, the contractor warrants that his workmanship is free from defects. Another contractor duty that is often implied with respect to a construction contract is for a contractor to notify the owner if construction costs look like they will exceed the projected costs for the project.More... |
| WHAT IS A SURETY BOND? |
| A surety bond is a document that guarantees the obligations under a construction contract. The surety bond is similar to an insurance policy in that it protects the parties who are involved in the construction contract. Surety bonds are issued by a surety company.More... |
| Invitation to Bid/Request for Proposals |
| Construction projects are often awarded as a result of the bid selection process. To initiate this process, owners will either provide an invitation to bid (ITB) or a request for proposals (RFP) depending on the nature of the project and the expectations associated with it. The main difference between an ITB and a RFP is specificity.More... |
| Private Land Use Controls |
| In order to preserve the character and quality of a new development, some developers place restrictions on the property to control how it will be used. These private land use controls take the form of restrictive covenants and negative reciprocal easements. More... |
Cushman Law Offices, P.S.
