One of the most powerful and effective ways parties may ensure payment on work completed for a construction project is by filing a mechanic’s, or construction, lien on a piece of real property. Contractors and subcontractors are frequent users of this tool, as well as material suppliers, architects, and engineers. We have outlined the general […]
In Part 1 of our series on project bidding, we discussed bidding on public construction projects and some unique aspects of those kinds of projects. Once again, many concepts are pertinent for both types, but there are some key ways that private (non-governmental) construction projects differ from public ones. You will find that in many […]
They sometimes go by different names, but draw schedules are the detailed payment plan agreed to by the construction project owner, builder, and contractor. It will specify when specific payment allotments will be paid to the contractor and lay out the requirements for exchanging the scheduled funds. If the owner is being funded by a […]
Unique Nature of Public Projects If you are like most contractors, you likely keep your business’s lights on through a mix of public and private construction projects. While many of the concepts are consistent among the two types, this post will focus on public projects. When you submit a bid for a public project, you […]
The last thing you want to deal with after years of waiting for your brick-and-mortar store to finally open is a structural problem. Many problems, legally recognized as construction defects, are obvious, like an improperly installed window (you occasionally feel a draft). These defects are referred to as patent defects and are usually quick, inexpensive […]
In a construction contract it is not uncommon for consequential damages (also known as special damages) to be mentioned, or even asked to be waived. Understanding what consequential damages are will help you to determine what action to take in regard to a specific contract. It will also help you to know what legal rights […]
DBIA contracts are among the most popular types used in construction jobs today. These contracts were developed by the nonprofit organization Design Build Institute of America (DBIA). Both the building owners and the design professionals typically prefer using these types of contracts because they are designed to clearly outline all steps from the preliminary agreement […]
When working on a construction project it is important to have a good contract in place. In many cases, a standard form contract can be used to help facilitate communication between the various parties involved with the project. The most commonly used contracts like this are known as AIA contracts. The AIA is the American […]
If you work in the construction industry as a contractor, a builder, or any other professional, you have undoubtedly heard the term “sustainable design.” This is a concept where a home or other building is designed to meet the needs of the current occupants, while also planning for the future needs of humanity. In an […]
The construction industry relies on legal contracts to ensure everyone is on the same page regarding their roles and responsibilities. A properly written contract can help avoid misunderstandings and help promote a successful project. Once an agreement has been made, it is necessary to have a legal contract written up to make it binding. When […]
When working on a construction project, it is important to take steps to ensure the final results will be fully in compliance with the ADA and FHA requirements. This isn’t always as easy as it should be since there is a lot of conflicting information out there, and the requirements get changed and updated. The […]
When it comes to a construction project, contractors are an essential part of the team that is responsible for completing a wide-variety of different phases of the job. In order to ensure the job is completed on time, and it is done correctly, many jobs will include a retainage in the construction contract. Understanding what […]
When entering into a construction contract with a client, there are many different aspects to the contract that you need to be familiar with. For most contracts, once the deal is signed you can expect that as long as you do the work properly, you will be able to complete the job and get paid […]
When preparing for a large construction project, you want to make sure that the lien is properly in place. In many situations, the lien is the most effective way to make sure you get paid in full for the work that you perform. Understanding all aspects of the lien, and how it is enforced, is […]
Using subcontractors is an important way to ensure all the work on a construction job is completed, and completed properly. When hiring these subcontractors, however, you need to make sure that they are not only qualified to do the job, but also that there won’t be any type of licensing violations that could put your […]
When working as a general contractor, it is quite common that you will have to bring in subcontractors to complete certain tasks. On most jobs, the subcontractors will complete the work you need to be done without any trouble and the entire project can be completed successfully. When there are disputes, however, they can become […]
Construction companies live and die based on their contracts. These contracts are most often between the construction firm and the client, but they also exist with contractors, suppliers, and other entities as well. All contracts must be written in a way that is easy to understand and are legally enforceable in the state of Florida. […]
When working in the construction industry, disputes with clients are almost inevitable. While most jobs will go smoothly, it is important to know what to do when you run into a conflict that simply can’t be resolved through normal communication. In most cases, the two options will be to either go through an arbitration process […]
If you have been notified of a construction defect either by the purchaser, or more likely, by the courts, it is important to know your rights. Most construction defect lawsuits are based on the contract that was in place by the owner of the home or other structure and the developer. Contractors and subcontractors (including […]
When working on large projects, banks and other financing companies aren’t going to send you the full loan amount up front. Instead, they will provide the funding as it is needed over the course of the project. This reduces the risk for them but can also help to lower the total amount of interest you […]
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