Construction Contracts Force Majeure In Travis

State:
Multi-State
County:
Travis
Control #:
US-00462
Format:
Word; 
Rich Text
Instant download

Description

The Construction Contracts Force Majeure in Travis form outlines the contractual obligations between the Contractor and Owner regarding the construction of a residence. Key features include the scope of work, which details the specific tasks the Contractor will undertake, and the work site location. It emphasizes that the Contractor is not responsible for soil conditions at the work site and that any required additional site work is an Owner's expense. Essential permits must be obtained by the Contractor, and the Owner is liable for changes in project scope through written change orders. Payment structures can vary, including cost-plus or fixed fee arrangements, along with stipulations for late payment charges. The Contractor's warranty is limited to workmanship defects within one year. This form is essential for attorneys, partners, owners, associates, paralegals, and legal assistants involved in real estate and construction, as it provides clear guidelines for contractual obligations, risk distribution, and potential liabilities. It ensures all parties are aware of their responsibilities and provides a structured approach to managing construction agreements.
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  • Preview Construction Contract for Home - Fixed Fee or Cost Plus
  • Preview Construction Contract for Home - Fixed Fee or Cost Plus

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FAQ

(1) Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the ...

Templates. “Force Majeure: Neither party shall be liable for any failure or delay in the performance of any obligations under this Agreement, except for the obligation to make payments, if such failure or delay is caused by a Force Majeure event.

Exhaustive, of examples of force majeure events. Force majeure events generally can be divided into two basic groups: natural events and political events. These may include earthquakes, floods, fire, plague, Acts of God (as defined in the contract or in applicable law) and other natural disasters.

Commonly referred to as “acts of God”, force majeure events are unforeseeable, exceptional or out with the control of contracting parties. Examples include natural disaster, terrorism, industrial strike action, fire and pandemic/epidemic events such as Covid-19.

Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural Force Majeure Event.

The force majeure clause is a contract provision that relieves involved parties from performing their contract obligations if extreme circumstances or “major unforeseen events” outside of their control arise that would make performing these obligations impossible, inadvisable, or dangerous.

5. Consequences of Non-Performance: The clause specifies the legal and financial consequences if the contract cannot be performed due to a force majeure event. This can include relief from liability for non-performance and the right to terminate the contract.

The party affected by force majeure is usually obligated to provide prompt written notice to the counterparty of the occurrence of the force majeure event (in reasonable detail) and the expected duration of the event's effect on the party.

A typical force majeure clause includes a statement that the occurrence of certain events or circumstances will excuse performance; a listing of the events or circumstances; and a listing of obligations imposed on the party claiming to be excused that typically relate to keeping the other party informed about the force ...

Its underlying principle is that on the occurrence of certain events which are outside a party's control, that party is excused from, or entitled to suspend performance of all or part of its obligations. That party will not be liable for its failure to perform the obligations, in ance with the clause.

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Construction Contracts Force Majeure In Travis