Construction Law
| Third-Party Claims Against Retainage Funds |
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| Retainage funds do not only serve as a protective mechanism for an owner on a construction project. Third parties may also benefit from the funds that have been earned by the contractor, but withheld pending completion of the construction project. Third parties may seek to satisfy a contractor's outstanding indebtedness out of the retainage funds. More... |
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| Underpayment by the Owner |
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| An owner "underpays" his contractor when he submits a progress payment for less than the full amount to which the contractor is entitled. Not only does an underpayment affect the contractor, but it also has very real consequences for the surety. If the contractor defaults, which may be likely if he does not receive his full payment, the surety is then obligated to step in. More... |
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| Zoning and Construction, In General |
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| Zoning laws are designed to regulate land use by taking into consideration historic preservation, environmental concerns, aesthetics, the protection of prime agricultural land, and the need or lack thereof of industry and commercial enterprises, among other things. The four major areas that land development generally falls into are residential, commercial, industrial, and agricultural. 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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| Punch List |
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| In construction, substantial completion of the project is a critical hallmark and translates to that date that the owner can occupy or use the project for its intended purpose. Achieving "substantial completion" generally requires that all the items on the punch list have been taken care of. The punch list begins with an itemization of all the tasks that must be accomplished in relation to the project. More... |
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