Missouri 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

Construction contract documents include the Agreement, the Conditions of Contract, the Drawings, and the Specifications. Because of the legal implications, owners produce the Agreement and the Conditions. Architects are responsible for producing the Drawings and the Specifications.

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.

Construction contract documents include the Agreement, the Conditions of Contract, the Drawings, and the Specifications. Because of the legal implications, owners produce the Agreement and the Conditions. Architects are responsible for producing the Drawings and the Specifications.

Standard Contract ElementsDOCUMENT TITLE. The title should briefly state the overall purpose of the document.UNIQUE NUMBER AND DATE OF AGREEMENT. A number used to identify that particular document.IDENTIFICATION OF THE PARTIES.RECITTALS.THE AGREEMENT.TERM OF CONTRACT.DEFAULT AND REMEDIES.COMPLIANCE WITH LAWS.More items...

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...

SpecificationsThe part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

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...?03-Apr-2019

What Should Be in a Construction Contract?Identifying/Contact Information.Title and Description of the Project.Projected Timeline and Completion Date.Cost Estimate and Payment Schedule.Stop-Work Clause and Stop-Payment Clause.Act of God Clause.Change Order Agreement.Warranty.More items...

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...

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Missouri Contracting and Construction Law Handbook