| Flow-Down Provision in Subcontractor Agreements |
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| Subcontractor agreements commonly contain a "flow-down" provision, which states that those obligations and responsibilities that the general contractor owes to the owner pursuant to their construction contract are assumed by the subcontractor and owed to the general contractor. The purpose of the flow-down provision is to diminish the general contractor's risk of deficient or non-conforming work by the subcontractor.More... |
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| A DESIGN PROFESSIONAL'S LIABILITY FOR CODE VIOLATIONS |
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| A design professional who enters into a contract with an owner for a construction project has a duty to provide plans and specifications that comply with the applicable building codes, zoning laws, and safety codes. This duty may arise from the design professional's contract with the owner or from legislative provisions. It may also be implied by law.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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| Anticipatory Breach of Construction Contract |
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| After a construction contract has been entered into, but prior to the time for performance thereunder, a party may positively declare his intention not to fulfill his contractual obligations. This "anticipatory breach" can occur either through the party's express declaration or it can be implied through the party's conduct. If anticipatory breach occurs by implication, the breaching party's conduct must be unequivocal in the intention not to perform. More... |
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| Time for Contractor's Performance |
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| The time in which the contractor must complete his work on a project is normally stated in the construction contract. However, not all contracts express the timeframe the same way. For instance, some contracts may require the contractor to complete his performance in a specified number of calendar days from the date of commencement while others require completion in a given number of working days.More... |
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