Major design-build projects have been in the news over the past few years for the wrong reasons. From the I-4 Ultimate in Florida to the Purple Line in Maryland (procured through a public-private partnership), to another Purple Line on the West Coast, in Los Angeles...
Understanding the relevant statute of limitations and statute of repose is essential when bringing a construction claim. Access construction statutes of limitations and repose across all 50 states and the District of Columbia. Read now » Related Content...
The construction industry favors arbitration as a forum for dispute resolution because arbitration often, but not always, yields a quicker and less expensive resolution of disputes. However, certain construction disputes are not appropriate for arbitration. Read...
In all 50 U.S. states, certain contractors, subcontractors, sub-subcontractors, materialmen, and service providers are entitled to place a mechanic's lien on real property where they performed work and/or provided supplies. To protect themselves against mechanic's...
A surety bond protects the owner of a construction project by guaranteeing completion of the project if the contractor defaults. The existence of surety bonds on a project, in theory, ensures that the project will be completed for the contract price and that liens...
Both express and implied warranties can be invoked in design and construction cases. Learn about the standard express and implied warranties made by the parties to a construction contract, including the scope, duration, notice requirements, and remedies of these...
All 50 states have licensing or registration requirements for architects and engineers, while contractor and subcontractor licensing requirements vary by state. In some states, if an unlicensed construction professional performs work, they risk the imposition of...
Construction involves management of many risks, one of which is failure of the owner to compensate the contractor for work that is properly performed. Contractors attempt to spread this credit risk down the contracting chain to subcontractors by including pay-if...
Navigating zoning regulations is a persistent challenge for construction attorneys. Indeed, failure to adequately address zoning contingencies in a construction contract can instigate project delays, increase expenses, and, in some cases, lead to the premature...
A well-drafted force majeure clause in a construction contract can minimize or avoid delays and disputes following events that are beyond the control of the parties. Read now » Related Content Owner-Contractor Agreements Read this practice note for...
The best proof of a contractor's claim is to provide actual cost information from the company's accounting books and records with the damage calculation, presenting a direct cost for each item of delay. This is known as the detailed damage calculation method...
What is the State Law Comparison Tool? The Practical Guidance State Law Comparison Tool helps attorneys handle complicated and varied legal issues across multiple U.S. states. Its features are designed to address several difficulties associated with looking up...
It was supposed to be their dream home. But six months after moving in, the Fitzgeralds noticed water stains on their dining room ceiling which worsened into leaks. The contractor who built it insisted the roof warranty had expired. After threatening legal action...
Liens are technical documents, and sometimes even minor mistakes can be fatal. Inevitably, a client, perhaps a painter, an electrician, or a plumber, will hire you to collect money for a job for which they haven't been paid. Knowing how to file a mechanic’s...
The American Arbitration Association (AAA) is the most used forum for the arbitration of construction disputes. Learn about procedures for and rules governing AAA arbitration of a construction dispute and find out how AAA arbitrations are conducted using video...