| Interpretation of Construction Contracts - Course of Dealing |
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| The "course of dealing" between parties to a construction contract encompasses their past actions in conducting business on other matters and is regarded as the basis for a common understanding between the parties. Essentially, their conduct in carrying on past business affairs with one another may be used to interpret a contractual provision in their current business endeavor. When the parties have neglected to include a term in their current contract, courts may look to their course of dealing to supply the missing term.More... |
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| Owner's Selection of Architect and Contractor |
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| Among the owner's chief concerns to ensure the successful completion of a construction project is the selection of the project's architect and general contractor. Without such key personnel in place the project would never get off the ground. Further, ensuring the quality of workmanship on the project starts with the architect's design of the plans and specifications and carries forward through the actual construction process under the auspices of the contractor.More... |
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| ACTIONS FOR EMOTIONAL DISTRESS REGARDING CONSTRUCTION DEFECTS |
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| The infliction of emotional distress is a cause of action in tort that seeks damages for a person's mental anguish and suffering without any physical injury or harm. The infliction of the emotional distress may be intentional or it may be negligent. Traditionally, courts have not allowed an owner to recover damages for emotional distress in actions regarding construction defects. However, more and more courts are beginning to consider these damages in litigation involving construction defects.More... |
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| GLOBAL CONSTRUCTION PROJECTS |
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| A global construction project is a construction project that involves parties from several different countries. An owner of a global construction project may hire general contractors, subcontractors, engineers, and suppliers from different countries in order to complete the project.More... |
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| Status as General Contractor or Subcontractor |
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| The general contractor (aka prime contractor) is generally responsible for the timely completion of the construction project in accordance with the plans and specifications, as outlined in its contract with the property owner or developer. Subcontractors enter into agreements with the general contractor for the completion of a portion of the work required in the construction project.More... |
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