Suffolk New York Contracting and Construction Law Handbook

State:
Multi-State
County:
Suffolk
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

4 Important Elements of a Construction Contract Scope Of Work. A scope of work (statement of work) agreement can help to clearly define what will be expected out of the contract.Change Order Provisions.Indemnification.Payment Provisions.

A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

Elements of a Contract Offer - One of the parties made a promise to do or refrain from doing some specified action in the future. Consideration - Something of value was promised in exchange for the specified action or nonaction.Acceptance - The offer was accepted unambiguously.

The eight types of construction contracts include: cost-plus construction contract. design and build contract. guaranteed maximum price contract. incentive construction contract. integrated project delivery contract. lump-sum contract. time and materials contract. unit price contract.

Fixed-Price Contracts. The pricing of this group of government contracts will not change.Time & Materials Contracts. This one is quite straightforward.Cost-Reimbursement Contracts.Incentive Contracts.Indefinite Delivery & Quantity Contracts.

In California, a written contract is required for all home improvement projects over $500. A home improvement contract and any changes made to that contract must be in writing, legible, easy to understand, and inform the consumer of his/her rights to cancel or rescind the contract.

5 Key Elements Every Construction Contract Should Contain 1) 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.

Generally, a New York mechanics lien can be filed at any time during the progress of the project, but no later than 8 months of the completion of the contract or the last date of furnishing labor or materials.

4 Types of Construction Contracts Lump-Sum Contracts. Cost-Plus-Fee Contracts. Guaranteed Maximum Price Contracts. Unit-Price Contracts.

8 Things Every Remodeling Contract Should Have Scope of Work, Selection Sheet and Drawings.License Number and Insurance.Description of Change Orders.Warranty information.Subcontractor Agreements.Payment schedule.Completion Schedule / Timeline.Clauses Required by Law.

More info

Introduction. Proper Owner Financing. Protection for Delays.Attachment 13 - Form HUD 5370-C General Contract Conditions for Non-Construction Contracts. Our construction lawyers are recognized as leaders in the field of construction law. Arlington, TX is among the most violent cities in the USA with 5. New England's best source for news, sports, opinion and entertainment.

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Suffolk New York Contracting and Construction Law Handbook