| 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... |
|
|
| Homeowner Tips for Entering into Home Improvement Construction Contract |
|
| With respect to a home improvement project, the key to a homeowner's protection is a construction contract that provides for various contingencies. Although most contracts are a single document, the homeowner should be aware that different signed documents could together form a contract. Each piece of paper to be signed should be carefully examined by the homeowner to ensure it meets with the homeowner's understanding of the parties' agreement. More... |
|
|
| Third-Party Claims Against Retainage Funds |
|
| Retainage funds do not only serve as a protective mechanism for an owner on a construction project. Third parties may also benefit from the funds that have been earned by the contractor, but withheld pending completion of the construction project. Third parties may seek to satisfy a contractor's outstanding indebtedness out of the retainage funds. More... |
|
|
| Termination of Private Construction Contracts |
|
| Termination of a private construction contract can occur through the mutual agreement of the parties, one party's breach, impossibility of performance by a party, or operation of law. Additionally, the contract may be rescinded if it was entered into as the result of fraud, mistake, duress, or undue influence. More... |
|
|
| Alternative Dispute Resolution and Construction Disputes |
|
| 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... |
|
|