Maine 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

The Malaysian Institute of Architects (Pertubuhan Arkitek Malaysia PAM) form of contract for building works are by far the most often adopted standard forms of contract used for building works in the Malaysian private sector.

Unlike other states, Maine doesn't require general contractors to be licensedonly plumbers, electricians, and contractors who do specialty work. Check out the full list of who needs to be licensed here. Instead, general contractors need to apply for Maine business licenses.

Written Contracts Are Required For all home construction and home improvement projects over $3,000, Maine law requires a written contract with a specific provision that prohibits payment up front of more than one third of the contract price.

Maine does not require that general contractors register or obtain licenses to operate at the state level.

Contracts provide a written document that outlines the full understanding of the business relationship and scope of the work so that no one can claim any misunderstandings later down the road. They specify exactly what rights are being purchased and what rights you're retaining. They're binding and legally enforceable.

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.

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.

Elements of a Construction ContractName of contractor and contact information.Name of homeowner and contact information.Describe property in legal terms.List attachments to the contract.The cost.Failure of homeowner to obtain financing.Description of the work and the completion date.Right to stop the project.More items...

An order of precedence clause is a term which identifies the order in which the various contract documents are prioritized when resolving a conflict or ambiguity within said contract documents. Not all construction contracts contain such a clause.

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Maine Contracting and Construction Law Handbook