| Potential Liability for Architects and Engineers |
|
| Architects and engineers provide professional services to a construction project. Their liability in doing so is commensurate with the role they play. The potential liability for these professionals extends to several areas and the degree of liability is determined by the services they perform. More... |
|
|
| Construction Contract Assignments |
|
| Generally, parties are free to assign their rights and responsibilities under a contract. However, many construction contracts include a provision prohibiting this practice absent written consent by the owner. More... |
|
|
| Collateral and Subsequent Agreements |
|
| In the construction industry, collateral and subsequent agreements may be entered into either contemporaneously or after the parties enter into the prime contract. The parol evidence rule does not hamper the admittance of evidence of either a collateral or subsequent agreement. However, if such agreements are not in writing, proving their existence can be a laborious undertaking. More... |
|
|
| Waiver of Written Authorization for Extra Work |
|
| Generally, extra work on a construction contract, i.e. work not covered in the scope of work contained in the contract between the owner and contractor, requires written authorization by the owner. Without such authorization, a contractor runs the risk of not being paid for the extra work performed. However, an owner can waive the written authorization requirement. More... |
|
|
| Abandonment of Contract |
|
| Abandonment of a construction contract can be the result of action (or inaction) by either or both parties to the contract. If both parties abandon the contract, neither may complain that the other breached the contract. On the other hand, if only one party abandons, the other party may have a strong case for breach of contract. Of particular import, public contracts cannot be abandoned; abandonment is only an option for private contracts. More... |
|
|