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Unless a change is made to design/build contracts, the owner may have a windfall when there are errors in the design. Design/build contracts require the contractor, as the design/builder, to hire qualified design professionals to prepare the construction documents. The design/builder is to provide and pay for all design services, as well as the labor, […]
Large and small construction projects have and will continue to perform well with workers and management following CDC and OSHA protocols. If you have been considering building, these 12 tips will reduce your risks, whether during the pandemic or otherwise. As world supply chains and local labor supply may delay “on time” performance, being diligent […]
On Wednesday March 11, Arizona beat Washington in the first round of the Pac-12 Men’s Basketball Tournament and all seemed right in the world. Within 24 hours, everything changed. Not only has every sports league suspended operations to help slow the spread of Coronavirus (COVID-19), but this unanticipated global pandemic has disrupted every aspect of […]
COMMUNICATE – COOPERATE – BE HONEST ABOUT WHAT YOU KNOW – COMPLY WITH CDC GUIDELINES The conflict between contract expectations that “contracts must be honored” but “provided conditions unchanged” collide in “Force Majeure.” The general rule is that delay in performance caused by an epidemic or pandemic is an excusable but non-compensable delay, extending time […]
You already know that you should never sign a contract before reading it thoroughly. However, what happens if you aren’t quite sure whether you understand what you’ve read? Whether you are a property owner, future homeowner, general contractor, or subcontractor, you can benefit from the seasoned guidance of a construction law attorney. Identifying Potential Issues […]
A contractor or subcontractor typically will have (after breach) a claim for recovery against the party who agreed to pay for the work the contractor performs. For several years, we have recommended that contractors protect themselves by preserving their rights either to go against the property on which improvements are built (in public projects) or […]
The Arizona “Prompt Pay Act” requires an owner of a construction project to send a detailed, written objection to the contractor within 14 days of receipt of the contractor’s billing or the pay application is deemed “approved.” A written objection must identify the factual dispute and at least one of the following: Unsatisfactory job progress; […]
If “standard” agreements included terms that met the reasonable expectations of both parties, there would be little reason for lawyers to review the average contract for real estate, architecture and numerous other forms. However, too often, a “standard” agreement is not fair to both parties and omits reasonable obligations for both parties. Contracts which limit […]
1. Buyer may terminate the contract for any reason or no reason, in Buyer’s sole discretion, whether questionably reasonable or not. 2. Upon termination all earnest money shall be released to Buyer immediately. 3. If there is evidence of termites, Buyer may terminate this agreement and earnest money will be released to Buyer immediately. 4. […]
Owner will have the right to join architect and general contractor in single mediation and arbitration. Architect will provide a time schedule for producing documents. Architect is to advise Owner in writing when it is aware of any conflicts, errors, omissions in the Construction Documents or defects in construction of the project. If the cost […]
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