| THE FAIR HOUSING ACT & THE CONSTRUCTION INDUSTRY |
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| The Federal Fair Housing Act was amended in 1991, which amendments require minimum handicap accessible features to be included in the design and construction of multifamily dwellings. If an owner, a contractor, or a design professional fails to include these features in multifamily dwellings, the owner, the contractor, or the design professional can be liable for monetary damages and civil penalties.More... |
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| Pay-when-Paid and Pay-if-Paid |
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| Although a provision concerning the terms of payment in a construction contract is standard fare, defining the payment terms in a subcontract agreement is critical given the dynamics between the owner, general contractor, and subcontractor. The right of the subcontractor to be paid for his work, and the general contractor's corresponding duty to timely pay the subcontractor are issues often affected by the actions of the owner. Two payment clauses have been identified to address the domino effect of payment to the subcontractor based on the owner's conduct.More... |
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| Historic Preservation - Federal Enactments |
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| The American Antiquities Act of 1906 was the first major step in a mission to preserve America's cultural heritage. In the Historic Sites Act of 1935, Congress declared it a national policy to preserve the historic sites, buildings, and objects that hold special significance to the American people.More... |
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| AVOIDING CONSTRUCTION DELAY CLAIMS |
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| Claims regarding construction delays are common in construction projects. The claims may be brought by a general contractor, a subcontractor, or an owner. The claims may be for excusable delays, for inexcusable delays, or for concurrent delays.More... |
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| NEGLIGENCE ACTIONS AGAINST OWNERS |
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| When an owner has provided or has failed to provide certain information to a contractor in a construction project, the contractor may claim that the owner's conduct did not result in a breach of contract but resulted in negligent conduct, such as negligent misrepresentation, failure to disclose, concealment, deceit, or fraud.More... |
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