| 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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| PERFORMANCE BONDS IN FEDERAL CONSTRUCTION PROJECTS |
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| The Miller Act provides that a general contractor, who enters into a contract for the construction, alteration, or repair of any federal building, which contract exceeds the sum of $ 100,000, shall furnish a performance bond on behalf of the federal government. The performance bond guarantees that the contractor will perform all the conditions of the contract and will pay the government all taxes that are imposed by the government. More... |
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| Designation of Property as "Historical" |
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| In order for a property to be officially recognized as "historical" by the federal government, with all the attendant benefits and responsibilities that come with such a designation, the property must be listed in the National Register of Historic Places. More... |
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| Progress Payments |
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| Interim payments throughout construction, known as progress payments, are designed to not only ensure prompt payment to the contractor but also provide an incentive for steady and incremental completion of construction phases. Even though progress payments may be made, the owner will not usually pay one hundred percent of the amount due. Rather, a percentage of the amount due will be rendered with a small portion being withheld until final completion. More... |
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| BREACH OF CONTRACT BY AN OWNER |
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| When an owner and a contractor enter into a contract for the erection of a new structure or for the repair, remodeling, or alteration of an existing structure, the owner has an obligation to pay the contractor for his or her work on the project. If the owner fails to pay the contractor for his or her work, and there is no justification for non-payment, the owner will be considered in breach of the contract. More... |
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