| Excusable v. Non-Excusable Delays in the Construction Process |
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| Time is generally of the essence in construction contracts and delays can have a great impact on the construction project. Construction delays are either excusable or non-excusable, and the nature and cause of the delay will determine who bears the risk of the delay as well as any ensuing damages flowing therefrom. Non-excusable delays rest solely with the party causing the delay and the loss of time and money occasioned by the delay is borne by such party. More... |
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| ROAD DESIGN IN SUBDIVISIONS |
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| Subdivision plats are required to set forth the layout for the streets in the subdivision. The streets may be public or they may be private roads. If the streets are public, the subdivision plat must determine whether they will form a grid pattern or a hierarchical system that is dependent upon a loop road, whether there will be one or multiple connections from the subdivision to the existing streets, or whether there will be cross-connections to adjacent subdivisions. More... |
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| General Contractor's Duty to Coordinate Subcontractor Construction Efforts |
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| On a construction project, it is usually the general contractor, not the owner, who is in direct privity with the subcontractors. Basically, the owner hires the general contractor to complete the construction project and the general contractor hires subcontractors to assist on the various jobs necessary to do just that. In order to fulfill his obligations to the owner, the general contractor must coordinate the efforts of all the subcontractors so that each subcontractor's job can be done efficiently and with as little delay as possible. More... |
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| ACTIONS AGAINST DESIGN PROFESSIONALS |
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| When a construction project involves a defect in the design of the project, an owner may look to a contractor or a design professional, such as an architect or an engineer, for the cause of the defect. Although an owner may file a breach of contract or a breach of warranty action against a contractor, the owner is often not entitled to either a breach of contract or a breach of warranty action against a design professional. More... |
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| OWNER'S DEFENSES TO BREACH OF CONTRACT |
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| If a contractor files a lawsuit against an owner for damages for breach of contract, the owner may defend the lawsuit by claiming that the contractor failed to perform in accordance with the contract and that the contractor breached the contract. More... |
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