| Construction Contracts as Integrated Agreements |
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| A fully integrated contract is a written agreement representing the final and operative understanding between the parties concerning their transaction. The written agreement can be made up of more than one document, which is frequently the case with construction contracts that incorporate the project specifications, drawings, and the like. Many construction contracts will include an integration clause. More... |
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| Termination of Construction Contract Due to Material Breach |
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| Oftentimes, a construction contract will include a provision allowing for its termination by one party should the other party abdicate specified responsibilities thereunder. With such provisions, the magnitude of the abdication and its affect on the contract are largely irrelevant. With contracts that do not contain such a termination provision, rightful termination can still be accomplished should the other party materially breach the contract. More... |
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| BREACH OF CONTRACT BY AN OWNER |
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| When an owner and a contractor enter into a contract for the erection of a new structure or for the repair, remodeling, or alteration of an existing structure, the owner has an obligation to pay the contractor for his or her work on the project. If the owner fails to pay the contractor for his or her work, and there is no justification for non-payment, the owner will be considered in breach of the contract. More... |
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| Bidding on Private Contracts |
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| Private construction contracts can be awarded directly without resort to competitive bidding. However, some owners call for bids to aid them in their decision as to the best contractor for the particular job at the best price. Bidding on private contracts is less structured than bidding on a public contract. There is no statutorily prescribed bid process that must be followed in order for a bid to be accepted. More... |
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| Negligent Certification by Architect |
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| For a contractor to receive the final payment for his work on a construction project, the architect must certify that the work has been completed and it has been done satisfactorily. An architect's negligent certification can have substantial ramifications, with owners, contractors, and sureties all potentially having claims against him. More... |
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