Construction Law Newsletters

Contractor's Written Notice for Changed Work

Contractors request change orders, usually due to unanticipated site conditions or to correct or clarify defective or ambiguous plans and specifications. When a contractor seeks to change the work that he has contracted to perform, he is normally required by the contract documents to provide the owner with written notice of the change prior to the issuance of the change order itself.

Homeowner's Duty to Mitigate or Prevent Damages

Generally, a homeowner who is injured pursuant to the breach of a construction contract can seek both general and special damages. General damages are those that directly flow from the breach and special damages are those that, though not a direct consequence, are precipitated by the breach and can be characterized as "unique" to the homeowner in the given situation.

IMPLIED WARRANTY OF HABITABILITY FOR NEW HOMES

An implied warranty of habitability in construction contracts means that a contractor is deemed by law to represent and to promise that a building is fit for habitation. The implied warranty of habitability for a purchaser of a new home means that the contractor is liable for any defects in the new home after an express warranty has expired.

Legal Issues in Roadway Access

Generally, local governments and the department of transportation regulate roadway access, in their respective jurisdictions, in order to maintain efficient and safe traffic flow. When applying such regulations to a new development, considerations are given to safety, capacity of the roadway, economic impact, and the rights of property owners whose land abuts the development or pertinent roadways to the development. Roadway regulations can extend beyond the actual road surface to related areas such as curbs, medians, and sidewalks.

Termination of Private Construction Contracts

Termination of a private construction contract can occur through the mutual agreement of the parties, one party's breach, impossibility of performance by a party, or operation of law. Additionally, the contract may be rescinded if it was entered into as the result of fraud, mistake, duress, or undue influence.