5/28/2013· Construction
Assessing Damages Arising From Construction Defects
Defects that were introduced during construction can lead to classic legal disputes between owners and contractors where considerable sums of money are involved.
By: Wayne Baruch
Tel: (908) 359-3748
Email Mr. Baruch
Website: www.artisansgroup.biz.
Owners are most often "taught" to rely on:
Merchants across industries may be new to the business or perhaps using the business as a stopgap measure, and as a result, do not have the same commitment as a long-term member of that business community.
To help combat illegal, unprofessional behavior between businesses and consumers, most states have enacted laws, primarily focusing on "consumer" fraud. While some have "delayed payment" provisions, consumer protection acts typically fail to recognize that merchants are also consumers, who may be victims of unscrupulous consumers.
Fraud is generally defined in the law as an intentional misrepresentation of material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage. Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading. (See Appendix I)
The strategy in construction projects (and any other business relationship) to avoid conflict, acrimony, and especially a crime like fraud is to foster good understandings , expectations, communications, and mutuality.
Consumer fraud in construction has a similar presumption, but with a few twists, for example:
These and numerous other scenarios offer opportunities for either party to coerce, deceive, or otherwise cheat another party.
Candid, honest communication between the parties must include existing conditions, project scope, goals, price, budget, logistics, time frames, aesthetics, durability, code compliance, safety, and the parties' credentials, among other details. All parties need to share objective, accurate answers to questions like:
Wayne Baruch, is a skilled and accomplished Designer, Craftsman, and Project Manager with a long track record of successful on-time, on-budget completion that achieves win-win client and vendor relationships. His company, Artisans Group, LLC, is a full-service Remodeler that specializes in Older Buildings (from the late 1700's), Repairing Structural, Bug and Water Damage.
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5/28/2013· Construction
Assessing Damages Arising From Construction Defects
Defects that were introduced during construction can lead to classic legal disputes between owners and contractors where considerable sums of money are involved.
12/17/2012· Construction
The Importance and Value of "Notice" Provisions in Construction Contracts
Most construction contracts, whether they are standard or customized forms, usually contain specific provisions related expressly to the process of giving "notice." The notice generally refers to an obligation on the part of the Contractor to notify the relevant party administering the contract, normally the architect, resident engineer, or owner's representative, of a claim or change event that gives rise to possible additional entitlement for time and/or cost.
11/13/2017· Construction
Acceleration Claims on Engineering and Construction Projects
Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.