| Interpretation of Construction Contracts - Course of Performance |
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| The "course of performance" is that set of circumstances surrounding the specific contract entered into between the parties. It includes how the parties interact with each other with respect to the particular contract at issue as well as how they conduct themselves in the execution of their respective duties under that contract and respond to the actions undertaken by each other. Generally, if one party fails to object and acquiesces in the course of performance undertaken by the other party, such actions can be used in the interpretation of the parties' contract. More... |
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| Punitive Damages in Construction Dispute Context |
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| Punitive damages are intended to serve as punishment to a wrongdoer and to deter others from engaging in the same wrongful conduct instead of merely compensating the injured party for his losses. Punitive damages are normally awarded in the tort context. Thus, they are rarely recovered in construction disputes given the, normally, contractual nature of the conflict. More... |
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| Common Construction Contract Relationships and Practices |
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| Most construction contracts contain similar elements defining the relationships between the owner, architect and/or engineer, and contractor. Additionally, general conditions representing common construction practices are included in the contract. Naturally, construction contract documents separate out the responsibilities of the parties. More... |
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| Construction Defect -- Mold Litigation |
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| Mold is generally introduced into the construction project by poor design, planning, and supervision. Exposure to toxic mold has yielded a variety of ailments. Many causes of action can arise via a mold claim. More... |
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| Acceleration |
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| In some instances, a construction project will be accelerated so that it is completed ahead of the established construction schedule or so that a project that is behind schedule can be brought current with the established construction schedule. "Acceleration" can either be actual or constructive. Oftentimes, construction contracts will include a provision that allows the owner or general contractor to accelerate the time for the parties' performance. In some instances, rather than purely allowing for acceleration, the contract language may authorize changes in the work to be performed that, necessarily, will shorten the time for performance; less work would naturally take less time to complete. More... |
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