Verbal agreements and oral representations made during negotiations for an agreement, when later reduced to writing, are unenforceable. Under the law, when the agreement of the parties is later reduced to writing and verbal agreements and/or representations are not contained in the original written agreement, such omitted terms are NOT ENFORCEABLE! The Parol Evidence Rule, […]
Construction contracts contain many important clauses, such as “Pay-If-Paid” and “Pay-When-Paid” provisions. Each of these significantly defines important rights and potential liability of parties to the contract. While each of these terms affects a prime contractor’s obligations to its subcontractors, whether or not they are paid by the owner, the critical distinctions seriously affect primary […]
Construction is a complex industry and business, requiring informed and dedicated companies, supporting staff, and skilled craft workers. This team should also include the assistance of experienced construction counsel when: A company receives a lawyer letter, stating representation of a party involved in one of the company’s projects, with notification of a claim for damages. […]
Commencement of construction on most commercial construction projects is the date at which the time begins to run, based upon the project schedule. The project schedule provides for delivery of materials and performance of certain items of the work, including final punchlisting and occupancy, constituting the ultimate completion of the entire project work. While most […]
Construction documents prepared by Architects and Engineers most frequently use and refer to the term “workmanlike manner.” This term, an industry standard, refers to the desired and acceptable standard of quality of work and materials on a construction project. While courts may vary in their findings; the basis for evaluating workmanship standards are generally uniform. […]
Construction contract disputes frequently arise from the specific terms of the written (or unwritten) contract. Litigation requires credible presentation of the terms and claims at issue, together with entitlement and damages. For these important reasons, claims avoidance should begin with careful scrutiny of the entire contract, even before signing.
Construction claims rely upon basic legal principles for success, beginning with entitlement. While there may be entitlement but no provable damages, or damages with no provable entitlement; there can be no recovery, since both—entitlement and damages—are essential to recovery!
Construction is a technical complex of industry practices, and laws. Construction law affects all projects; beginning with land purchase and development; laws continue to affect projects and their components, throughout actual construction, completion, leasing, occupancy, and subsequent renovation and restoration.