Construction Law
| Standard Claims For Differing Site Conditions |
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| A differing site condition is a subsurface or concealed condition in the construction site that was not contemplated at the time of contracting. Differing site conditions can necessitate revisions to the construction design, delay construction, and increase construction costs. As such, contractors experiencing differing site conditions will usually seek an equitable adjustment to the contract price. At the outset, the recovery of any adjustment is conditioned on whether or not the parties' contract addresses differing site conditions. More... |
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| Construction Employee Safety and Health |
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| The Occupational Safety and Health Act (OSHA) requires all employers to provide their employees with a safe and healthful environment for working. Given the varied and potentially severe hazards that can be present at a construction site, construction employers must pay special attention to safety standards. In addition to the general guidelines applicable to all industries, the construction industry must follow regulations specifically geared to address hazards peculiar to the construction environment. 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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| Cost-Plus Contracts |
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| A cost-plus construction contract generally obligates the owner to pay for the costs associated with the construction project and a fee for the contractor's services on the project. More... |
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| "SICK BUILDINGS" |
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| Recent litigation regarding construction defects have included defects that involve "sick buildings." "Sick buildings" are generally defined as building that make people sick. These types of buildings include buildings that are associated with air quality problems, which problems cause various diseases or allergic reactions that are traced to airborne contaminants. More... |
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