Ohio Contracting and Construction Law Handbook

State:
Multi-State
Control #:
US-00102BG
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

A detailed analysis of the laws affecting construction contracts including:


" Offer and acceptance;

" Written agreements: integration and merger;

" Mutuality and consideration;

" Expressed and implied obligations;

" Waiver and Disclaimer of Implied Warranty of Habitability;

" Breach and Enforcement: finding materiality and damages;

" Remedies and Procedure in Actions Involving Building and Construction Contracts;


Also includes sample forms from the USLF Website as follows:


" Sample Contract Clause Limiting Remedies;

" Non-Waiver Agreement between Contractor and Owner Regarding Accepting Late Payments;

" Sample count in suit for rescission;

" Petition for Rescission of Contract Failure of Contractor to Obtain Building Permit;

" Complaint for Damages, Specific Performance of Contract, and
Appointment of Special Master to Oversee Construction against Contractor and Agent's Breach of Contract to Construct House;

" Sample Construction Contract Change Order; Sample contract clause regarding arbitration;

" Labor and Material Payment Bond;

" Contract For Construction of a Commercial Building;

" Mechanics' Liens;

" Construction defects;

" Licensing Issues in Mississippi;

" E-discovery; and

" Electronic Message Archiving;

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FAQ

5 Key Elements Every Construction Contract Should Contain1) The project's scope.2) The cost and payment terms.3) The project's time frame.4) Protection against lien law.5) Dispute resolution clauses.

It is important to include a description of the payment process in the contract, including the timing, documents required, approval process, and the terms of final payment. This clause should contain language about how often payments are to be made on an on-going project.

The 4 Different Types of Construction ContractsLump Sum Contract. A lump sum contract sets one determined price for all work done for the project.Unit Price Contract.Cost Plus Contract.Time and Materials Contract.

Here are some of the most important construction documents for commercial projects:Bidding Documents.Construction Contractor Agreement.Architectural Drawings.Specifications.Bill of Quantities.Schedule.Work Orders.Subcontractor Application.More items...

The 9 essential contract documentsThe Construction Agreement. The agreement is the most fundamental document in a construction contract bundle.General Conditions.Special Conditions.Scope of Work.Drawings.Specifications.Bill of Quantities.Construction Schedule.More items...?

Below are some of the common types of contract documents that should be included.Contract Agreement.Scope of Work Definition.General Conditions.Special Conditions.Bill of Quantities.Work Schedule.Drawings.Technical Specifications.More items...

What Should Be in a Construction Contract?Identifying/Contact Information.Title and Description of the Project.Projected Timeline and Completion Date.Cost Estimate and Payment Schedule.Stop-Work Clause and Stop-Payment Clause.Act of God Clause.Change Order Agreement.Warranty.More items...

The term of the agreement shall be in force unless contract is terminated by either parties or on mutual consent of both the parties (term clause is linked to termination clause). One of the essential elements for a contract to be considered valid is consideration.

Construction contract clauses serve many purposes in the construction industry. It is essential that a thorough, written contract that governs the work and outlines the rights and duties of all parties involved be established before any work is started.

Name the four basic types of construction contracts. The four basic types of construction contracts are the lump-sum contract, cost-plus-fee contract, guaranteed maximum price (GMP) contract, and unit-price contract.

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Ohio Contracting and Construction Law Handbook