Construction Law
| Owner's Waiver of Completion Date |
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| Normally, when a contractor's performance under a construction contract is delayed, the owner may seek damages arising from such delay. However, if the owner has waived the agreed-upon completion date, he may not later seek damages based on the contractor's failure to complete performance on such date. To determine whether a waiver has occurred, courts will examine all the surrounding circumstances, including the actions and inaction of the owner. More... |
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| Enforcement of Subcontractor Bids to the General Contractor |
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| General contractors (aka prime contractors) do not normally perform all the work on a construction project. Rather, it is parceled out to various subcontractors with specialities in the necessary areas. In order to submit its own bid to the owner for a construction project, the general contractor will utilize the chosen bids from each of the subcontractors. More... |
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| WHO IS ENTITLED TO A MECHANICS' LIEN? |
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| Most states confer the right to a mechanics' lien on any person who performs certain work or who provides materials for their work on an owner's property. Although some states limit the right to a mechanics' lien to certain types of persons, those persons normally include general contractors, subcontractors, and suppliers. More... |
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| AN OWNER'S VICARIOUS LIABILITY IN CONSTRUCTION PROJECTS |
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| An owner of a construction project may be vicariously liable for another person's acts. If an owner hires contractors, design professionals, inspectors, or agents for a construction project and the acts of the contractors, the design professionals, the inspectors, or the agents injure another person or damage another person's property, the owner may be liable. More... |
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| ADDITIONAL INSURED PROVISIONS IN CONSTRUCTION CONTRACTS |
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| When a general contractor requires a subcontractor to obtain insurance for the subcontractor's work under a construction contract, the general contractor often requires the subcontractor to include the general contractor as an additional insured under the subcontractor's insurance policy. Similarly, when an owner requires a general contractor to obtain insurance for his or her work, the owner may also require the general contractor to include the owner as an additional insured under the general contractor's insurance policy. More... |
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