| Owner's Responsibility for Viability of Construction Project |
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| Ultimately, responsibility for a construction project's viability falls to the owner. Chief among the viability of the project is the protection of human capital. This involves not only the maintenance of a safe working environment but also managing the project to avoid or minimize disputes with those involved in the project.More... |
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| Assurance of Owner's Financial Security |
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| An owner's financial security can greatly impact his ability to fulfill his obligations under a construction contract. Most critically, a contractor's payment for materials and services can be jeopardized. For the protection of the contractor, provision can be made in the parties' contract requiring the owner to present reasonable evidence of his financial stability and ability to carry out his duties under the contract.More... |
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| Construction Loans |
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| For the most part, an owner or developer of a construction project will finance the construction through a lender rather than paying the costs for planning, designing, and building the structure out of their own pocket. Following is a brief description of various loans that can be associated with a construction project.More... |
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| Interpretation of Construction Contracts - Course of Performance |
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| The "course of performance" is that set of circumstances surrounding the specific contract entered into between the parties. It includes how the parties interact with each other with respect to the particular contract at issue as well as how they conduct themselves in the execution of their respective duties under that contract and respond to the actions undertaken by each other. Generally, if one party fails to object and acquiesces in the course of performance undertaken by the other party, such actions can be used in the interpretation of the parties' contract. More... |
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| A DESIGN PROFESSIONAL'S DUTIES TO CONSTRUCTION WORKERS |
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| Although a design professional does not enter into contracts with construction workers, which workers generally are employed by contractors or subcontractors, the design professional may be responsible for damages if the workers are injured on a construction project. The design professional's responsibility with regard to the workers generally depends upon whether the design professional had the ability to stop the construction project or had the ability to reject work that was being performed on the construction project.More... |
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