| Termination of Construction Contract Due to Material Breach |
| |
| Oftentimes, a construction contract will include a provision allowing for its termination by one party should the other party abdicate specified responsibilities thereunder. With such provisions, the magnitude of the abdication and its affect on the contract are largely irrelevant. With contracts that do not contain such a termination provision, rightful termination can still be accomplished should the other party materially breach the contract.More... |
| |
| LIMITATION PERIODS IN CONSTRUCTION PROJECTS |
| |
| A statute of limitation is the time period within which a lawsuit must be filed after a plaintiff's cause of action has arisen. Most states have different time periods for the filing of certain actions depending upon whether the action is based on a contract or whether the action is a tort or a damages action. A statute of repose sets a time limit on a plaintiff's right to bring a cause of action in particular types of actions.More... |
| |
| Pay-when-Paid and Pay-if-Paid |
| |
| Although a provision concerning the terms of payment in a construction contract is standard fare, defining the payment terms in a subcontract agreement is critical given the dynamics between the owner, general contractor, and subcontractor. The right of the subcontractor to be paid for his work, and the general contractor's corresponding duty to timely pay the subcontractor are issues often affected by the actions of the owner. Two payment clauses have been identified to address the domino effect of payment to the subcontractor based on the owner's conduct.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... |
| |
| ARBITRATION CLAUSES IN GLOBAL CONSTRUCTION CONTRACTS |
| |
| Most global construction contracts now contain clauses that provide for arbitration in the event of a dispute. A properly drafted arbitration clause will allow the dispute to be resolved in a more timely and a less costly manner. A properly drafted arbitration clause will set forth the rules that are to be applied to the arbitration, where the arbitration will take place, who will decide the arbitration, and what law will apply to the arbitration.More... |
| |
801 S. Rancho Drive 
