Construction Law
| Types of Construction Defect Litigation |
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| Construction defect litigation has grown substantially over the past decade, with two major areas of litigation being pursued. Generally, construction defect litigation first takes the form of a lawsuit for damages being brought by a homeowner's association on behalf of its residents or by the residents themselves. The second layer of construction defect litigation focuses on insurance coverage. More... |
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| PRIVATIZATION OF A CONSTRUCTION PROJECT |
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| Governments are required to provide adequate facilities for the general public and for businesses. Such facilities include telecommunications, utilities, water and sanitation, roads, airports, and seaports. Because of the costs of building such facilities, most governments have turned to the private sector for the financing, construction, and operation of the facilities. Such actions are referred to as "privatization." More... |
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| AN OWNER'S RIGHT TO STOP & TO COMPLETE WORK |
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| An owner who is involved in a construction project has certain rights under his or her contract with a contractor. One of the owner's rights in a construction project is the right to stop work on the construction project. This right is similar to the owner's right to terminate the contract for breach of contract by the contractor. More... |
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| Unusual Land Use |
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| Land use does not always conform strictly to traditional uses such as residential homes, retail establishments, farms, etc. The erection of cellular towers, creation of waste disposal sites, and construction of recreational use structures, for instance, do not fit neatly within the dynamics of traditional land use. The regulation of these "unusual" uses can take place at all levels of government. More... |
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| DEFENSES TO BREACH OF CONTRACT ACTIONS |
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| When an owner and a contractor have entered into a construction contract and the contract provides that any disputes under the contract shall be settled by arbitration or by mediation, neither the owner nor the contractor may maintain an action for breach of contract in a court of law. The dispute must be resolved by arbitration or by mediation. More... |
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