Arizona Contracting and Construction Law Handbook

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

The minimum penalty for contracting without a license as a first offense is a fine of $1,000 plus an 83% surcharge. A.R.S. § 32-1164(B). In most cases, an unlicensed contractor will simply face a fine, but jail time is not out of the question if the perpetrator is a repeat offender or the facts are egregious.

The agreement should contain several sections of clauses defining the scope, terms, and conditions of the project, including what work will be done, the project schedule, payment terms, legal requirements, how disputes will be resolved, and more.

Below are some of the common types of contract documents that should be included.Contract Agreement.Scope of Work Definition.General Conditions.Special Conditions.Bill of Quantities.Work Schedule.Drawings.Technical Specifications.More items...

Name the four basic types of construction contracts. The four basic types of construction contracts are the lump-sum contract, cost-plus-fee contract, guaranteed maximum price (GMP) contract, and unit-price contract.

Here are some of the most important construction documents for commercial projects:Bidding Documents.Construction Contractor Agreement.Architectural Drawings.Specifications.Bill of Quantities.Schedule.Work Orders.Subcontractor Application.More items...

Exam and Experience Requirements The ROC requires that a party has at least four years of experience in the trade to get a license. They must also pass the Business Management Exam (BME) and Trade Exam with at least a 70% score. A Surety Bond All contractors need a contractor's bond.

fledged construction contract can include as many as 10 documents specifying different aspects of the work.

What should be included in a Contractor Agreement?Statement of Relationship.Project Description.Payment and Billing Terms.Responsibilities of Each Party.Project Timeline and Deadlines.Termination Conditions.Nondisclosure Terms, and Confidentiality and Non-Compete Clauses.

5 Key Elements Every Construction Contract Should Contain1) 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.

The 9 essential contract documentsThe Construction Agreement. The agreement is the most fundamental document in a construction contract bundle.General Conditions.Special Conditions.Scope of Work.Drawings.Specifications.Bill of Quantities.Construction Schedule.More items...?

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Arizona Contracting and Construction Law Handbook