| Liquidated Damages for Delay |
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| When a construction project is delayed through the fault of a contractor, that contractor may be responsible for liquidated damages. Many construction contracts provide for this eventuality by specifying that the contractor must pay a predetermined amount for each day of delay attributed to it. A court will generally enforce such a liquidated damages provision so long as the payment amount is commensurate with the owner's entitlement to damages as opposed to an amount that, instead, operates to penalize the contractor. More... |
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| Construction Loans |
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| For the most part, an owner or developer of a construction project will finance the construction through a lender rather than paying the costs for planning, designing, and building the structure out of their own pocket. Following is a brief description of various loans that can be associated with a construction project. More... |
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| Anticipatory Breach of Construction Contract |
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| After a construction contract has been entered into, but prior to the time for performance thereunder, a party may positively declare his intention not to fulfill his contractual obligations. This "anticipatory breach" can occur either through the party's express declaration or it can be implied through the party's conduct. If anticipatory breach occurs by implication, the breaching party's conduct must be unequivocal in the intention not to perform. More... |
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| POST-ARBITRATION AWARD PROCEEDINGS IN GLOBAL CONSTRUCTION DISPUTES |
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| Although an international arbitration award in a global construction dispute is generally considered to be final and binding on the parties to the arbitration, the parties may be entitled to file post-award proceedings under certain situations. Those proceedings may include a request to an arbitration tribunal to correct or to modify an award or a request to a court to enforce or to set aside an award. More... |
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| Legal Issues in Roadway Access |
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| Generally, local governments and the department of transportation regulate roadway access, in their respective jurisdictions, in order to maintain efficient and safe traffic flow. When applying such regulations to a new development, considerations are given to safety, capacity of the roadway, economic impact, and the rights of property owners whose land abuts the development or pertinent roadways to the development. Roadway regulations can extend beyond the actual road surface to related areas such as curbs, medians, and sidewalks. More... |
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