As-Planned versus As-Built Schedule

When construction on a project does not proceed as planned, the question of damages arises, i.e. who pays and how much. Determining the amount of damages can be accomplished by comparing the as-planned construction schedule to the as-built schedule. The damages calculation will be based on the difference between the two.Read more

Construction and Land Use Litigation

Before a parcel of land can be developed, the property owner or developer must obtain the necessary approvals from the local government or designated permitting agency. Land use litigation between neighbors is usually founded on one neighbor's disapproval of the use or imminent use that another neighbor is or will be making of their property. Litigation can be initiated by the local governing body against the property owner or developer seeking to enforce established zoning laws or land use regulations.Read more

Patent versus Latent Construction Defects

A significant issue for homeowners and contractors alike is whether a construction defect is patent or latent. Which category the defect falls into will determine the time within which an action must be brought on the defect. Generally, this means a difference in years with latent defects enjoying a longer limitations period.Read more

PERFORMANCE BONDS IN FEDERAL CONSTRUCTION PROJECTS

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.Read more

Zoning and Construction, In General

Zoning laws are designed to regulate land use by taking into consideration historic preservation, environmental concerns, aesthetics, the protection of prime agricultural land, and the need or lack thereof of industry and commercial enterprises, among other things. The four major areas that land development generally falls into are residential, commercial, industrial, and agricultural.Read more