Construction Law And Contract In Arizona

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

Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.

Top 10 Common Mistakes that We See in Construction Contracts It's not written down. Both parties haven't signed the contract. Not all of the terms of the agreement are in writing and in the contract. The timeline is unclear. Particular terms aren't defined. There's no written approval of any changes to the contract.

Specify governing law. Identify the working relationship. Clearly define the scope of work. Specify what benefits, if any, the contractor will receive. Assign intellectual property. Include confidentiality clauses. Include a termination clause.

When is a contract legally binding? Typically, a document that includes an offer, acceptance, and appropriate consideration will be considered legally binding. In most cases, a contract is binding in Arizona even if the parties signed it in another state.

Writing Targeted Content for Your Construction Website Zero in On Clients' Needs. Include Client Testimonials. Create a Comprehensive List of FAQs. Turn FAQs into Blog Articles. Deliver Expert Insight. Create Blog Articles that Are Based on Numbered Lists. Use Infographics to Draw in Customers.

To bid on federal construction contracts, you must apply for a profile on the System for Award Management (SAM). Once you've registered for this centralized online portal at SAM, you can use its search function to find federal construction bidding projects.

Every such contract requires: The name of the contractor, the contractor's business address and license number. The name and mailing address of the owner and the jobsite address or legal description. The date the parties entered into the contract.

When is a contract legally binding? Typically, a document that includes an offer, acceptance, and appropriate consideration will be considered legally binding. In most cases, a contract is binding in Arizona even if the parties signed it in another state.

All contractors are required to be licensed through the State of Arizona, unless work falls under the Handyman Exemption A.R.S. Sec. 32-1121A.

The primary cause of action used in residential construction defect cases is a breach of the implied warranty of habitability. This cause of action allows a homeowner to sue the builder or vendor for construction defects for up to eight years (nine years if the defect is found in the eighth year).

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Construction Law And Contract In Arizona