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Contracting and Construction Law Handbook

Texas Contracting and Construction Law Handbook

Category:

Construction - Contractors

State:

Multi-State

Control #:

US-00102BG

Format:

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;

Texas Construction Contract for Homeowner

Texas Terms and Conditions of General Construction Contract

Texas Basic Contract for Construction of a Building

Texas New Construction Contract

Texas Contract for Building - Construction or Repair

Landlord Reference Letter

Rider to Rules and Regulations for Lease o...

ACTUAL OR CONSTRUCTIVE POSSESSION

6.11 Public Authority or Government Author...

Invoice Template for Photographer

Master Franchise Agreement

Receipt For Abstracts

Sample Letter for Debtor Examination

Merger Agreement between Cenex Harvest Sta...

Roommate Agreement for Friends

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FAQ

The term of the agreement shall be in force unless contract is terminated by either parties or on mutual consent of both the parties (term clause is linked to termination clause). One of the essential elements for a contract to be considered valid is consideration.

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...

It is important to include a description of the payment process in the contract, including the timing, documents required, approval process, and the terms of final payment. This clause should contain language about how often payments are to be made on an on-going project.

A clause that restricts the contractor to a time extension and prohibits monetary claims to compensate for delays (a no-damages- for-delays clause) is a red flag to a contractor.

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...?

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...

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.

Construction contract clauses serve many purposes in the construction industry. It is essential that a thorough, written contract that governs the work and outlines the rights and duties of all parties involved be established before any work is started.

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.

North Carolina Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds

North Dakota Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds

Ohio Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds

Oklahoma Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds

Oregon Notice by Contractor to Claimant of Dispute of Claimant's Claim Described in Stop Notice or Notice to Withhold Funds to Holder of Funds

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