| Authority of Owner's Agent With Respect to Contract Modifications |
| Owners do not always oversee every aspect of the construction process and oftentimes employ agents to represent their interests at the construction site. Commonly, the architect or construction manager will serve in the role of "agent" to the owner. A question of the agent's authority will frequently arise when a dispute surfaces concerning modifications to the construction contract.More... |
| Interpretation of Construction Contracts - Trade Usage |
| "Trade usage" indicates a regular observance of course of conduct between those in a given industry that is usually expected to be followed by those in the industry or trade. Parties to a contract are generally considered to be justified in their assumption that performance under the contract will be in keeping with the usage of trade.More... |
| Conditional Use Permits |
| Conditional use permits are special exceptions to existing zoning laws and, as the name suggests, such permits are dependent on the occurrence of certain "conditions" being met. These permits allow the municipality a modicum of discretion in balancing the suitability of a parcel of land for a designated purpose with the public's health, welfare, and safety.More... |
| Construction Contracts as Integrated Agreements |
| 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... |
| Progress Payments |
| Interim payments throughout construction, known as progress payments, are designed to not only ensure prompt payment to the contractor but also provide an incentive for steady and incremental completion of construction phases. Even though progress payments may be made, the owner will not usually pay one hundred percent of the amount due. Rather, a percentage of the amount due will be rendered with a small portion being withheld until final completion.More... |
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Business, Commercial & Real Estate Litigation
