| Act of God as a Contractor's Defense |
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| An owner may allege breach of contract against the builder with respect to the performance, or lack thereof, of the construction contract. As a defense, the builder may claim the impossibility of performance based on an act of God. Additionally, the act of God defense can be utilized on a builder's behalf to show that a delay in performance was excusable.More... |
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| A CONTRACTOR'S RIGHT TO FINISH EARLY IN FEDERAL CONSTRUCTION PROJECTS |
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| A contractor in a federal construction project can save money if it completes the project earlier than the completion date that is set forth in a contract. The contractor may have a claim against the government for damages if the government interferes with the contractor's completion of the project prior to the completion date. Although the contractor has a right to finish the project early, most construction contracts with the federal government do not contain clauses regarding early completion.More... |
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| Payment Affidavit |
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| When work on a construction project has been completed, the contractor will present an affidavit certifying that the work has been done and payment for such work is due. Affidavits are presented for both progress payments and when the final payment is due. The content of the payment affidavit will generally include a statement to the effect that the contractor has paid its subcontractors and suppliers.More... |
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| Construction Defect and the Right to Repair |
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| The explosion of construction defect litigation was the catalyst for reform with respect to claims against builders, including contractors and subcontractors. With the goal of reducing litigation while balancing homeowner rights to own safe homes, a number of states passed legislation giving a builder the right to repair or cure any alleged defects. Though each state's legislation is unique, there are several key components that seem to be universal.More... |
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| Punch List |
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| In construction, substantial completion of the project is a critical hallmark and translates to that date that the owner can occupy or use the project for its intended purpose. Achieving "substantial completion" generally requires that all the items on the punch list have been taken care of. The punch list begins with an itemization of all the tasks that must be accomplished in relation to the project.More... |
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