Construction Law
| ALLOCATION OF RISKS IN A PRIVATIZED CONSTRUCTION PROJECT |
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| As with all risks that are inherent to a construction project, the risks of a privatized construction project, that is, a public project that is built and financed with private funds, are usually allocated among the parties who are involved in the project. The three ways of allocating the risks are avoiding or reducing the risks, assuming or retaining the risks, or transferring or sharing the risks. More... |
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| Types of Construction Defect Litigation |
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| Construction defect litigation has grown substantially over the past decade, with two major areas of litigation being pursued. Generally, construction defect litigation first takes the form of a lawsuit for damages being brought by a homeowner's association on behalf of its residents or by the residents themselves. The second layer of construction defect litigation focuses on insurance coverage. More... |
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| Homeowner's Duty to Mitigate or Prevent Damages |
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| Generally, a homeowner who is injured pursuant to the breach of a construction contract can seek both general and special damages. General damages are those that directly flow from the breach and special damages are those that, though not a direct consequence, are precipitated by the breach and can be characterized as "unique" to the homeowner in the given situation. 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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| Commercial Use Issues |
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| Developers involved in the construction of commercial centers face several challenges. Chief among these challenges is obtaining permission to build. Some communities have sought to balance commercial growth with community integrity by addressing commercial developments prior to even being approached for development approval. More... |
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