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;
The San Jose California Contracting and Construction Law Handbook is a comprehensive guide that provides detailed insights and legal information relating to the contracting and construction industry in San Jose, California. Designed specifically for contractors, construction professionals, and legal practitioners in the region, this handbook covers a wide range of topics essential to understanding the legal landscape within the industry. Key Features: 1. Construction Law: The handbook covers all aspects of construction law, including licensing requirements, permit regulations, building codes, contract formation and interpretation, construction claims, dispute resolution mechanisms, and construction defect litigation. 2. Contracting Regulations: It offers a comprehensive overview of contracting regulations in San Jose, such as bidding processes, public contract procurement, contracting with the government, and compliance requirements. 3. Building Standards and Safety: The handbook details the building standards and safety regulations specific to San Jose, including seismic design requirements, accessibility guidelines, fire safety codes, and environmental considerations. 4. Employment and Labor Laws: It provides an in-depth analysis of employment and labor laws governing the construction industry, covering topics like workers' compensation, wage and hour regulations, employee classification, and labor union issues. 5. Insurance and Risk Management: This handbook explores insurance requirements for construction projects, such as general liability insurance, workers' compensation coverage, and surety bonds. It also addresses risk management strategies and best practices. 6. Contract Types: The handbook delves into various contract types commonly used in San Jose's construction industry, including fixed-price contracts, cost-plus contracts, design-build contracts, and construction management agreements. It provides guidance on contract drafting, negotiation, and enforcement. Types of San Jose California Contracting and Construction Law Handbooks: 1. San Jose California Residential Construction Law Handbook: This handbook focuses on the legal aspects specific to residential construction projects, including regulations related to single-family homes, townhouses, apartments, and condominiums. 2. San Jose California Commercial Construction Law Handbook: Designed for professionals involved in commercial construction projects, this handbook delves into the legal intricacies associated with office buildings, retail spaces, industrial complexes, and mixed-use developments. 3. San Jose California Public Construction Law Handbook: Targeting contractors and legal practitioners working on public infrastructure projects, this handbook provides comprehensive insights into the unique laws and regulations governing government-funded construction. By providing expansive and detailed legal information, the San Jose California Contracting and Construction Law Handbook(s) empower construction professionals and contractors to navigate the complex legal framework with confidence, ensuring compliance and minimizing risks while undertaking construction projects in San Jose, California.