Construction Law
| As-Planned versus As-Built Schedule |
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| When construction on a project does not proceed as planned, the question of damages arises, i.e. who pays and how much. Determining the amount of damages can be accomplished by comparing the as-planned construction schedule to the as-built schedule. The damages calculation will be based on the difference between the two. More... |
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| Owner's Waiver of Completion Date |
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| Normally, when a contractor's performance under a construction contract is delayed, the owner may seek damages arising from such delay. However, if the owner has waived the agreed-upon completion date, he may not later seek damages based on the contractor's failure to complete performance on such date. To determine whether a waiver has occurred, courts will examine all the surrounding circumstances, including the actions and inaction of the owner. More... |
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| DEFENSES TO BREACH OF CONTRACT ACTIONS |
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| When an owner and a contractor have entered into a construction contract and the contract provides that any disputes under the contract shall be settled by arbitration or by mediation, neither the owner nor the contractor may maintain an action for breach of contract in a court of law. The dispute must be resolved by arbitration or by mediation. More... |
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| Allegations of Bid Rigging May be Defamatory |
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| A contractor's bid is an offer to perform specified work at a given price, and is submitted in a competitive environment to enable the owner to receive the best offer from the best contractor for the job. Bid rigging is a form of collusion between contractors that thwarts the competitive process and seeks to artificially raise the ultimate price for the work to be performed. Though suspicions may be well-founded, allegations of bid rigging without proof may open up an individual to a charge of defamation. More... |
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| Fast-Track Construction |
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| Though time is generally "of the essence" in all construction contracts, when fast-track construction is contemplated time is critically of the essence. Fast-track construction is basically construction accomplished in phases, which begins before the completion of the plans and specifications. More... |
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