| AN OWNER'S DUTIES REGARDING THE DESIGN OF A CONSTRUCTION PROJECT |
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| When an owner enters into a contract with an architect or a design professional for the design of a building, the owner assumes various duties with regard to the design. Such duties include the duty to provide information regarding his or her requirements for the design, the duty to retain surveyors or engineers, the duty to approve the design, the duty to provide insurance, and the duty to pay for the services of the architect or the design professional.More... |
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| Bid Document Disclaimer |
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| To protect themselves from any liability for mistakes in the bid documents, owners may include a general disclaimer. Such disclaimer will notify the contractor that the owner denies any liability associated with defects in the bid documents.More... |
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| Bidding on Private Contracts |
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| Private construction contracts can be awarded directly without resort to competitive bidding. However, some owners call for bids to aid them in their decision as to the best contractor for the particular job at the best price. Bidding on private contracts is less structured than bidding on a public contract. There is no statutorily prescribed bid process that must be followed in order for a bid to be accepted.More... |
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| Bid Protests |
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| Bidding for construction contracts is the primary method by which contractors submit competing offers to provide services or supplies on a public construction project. The rules and regulations adopted by governmental entities for the procurement of their contracts must be followed by all participants in the bidding process. When a contractor believes that the requisite rules or regulations have been abrogated by a fellow contractor, he will likely file a bid protest against any award of the contract to the fellow contractor.More... |
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| Pay-when-Paid and Pay-if-Paid |
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| Although a provision concerning the terms of payment in a construction contract is standard fare, defining the payment terms in a subcontract agreement is critical given the dynamics between the owner, general contractor, and subcontractor. The right of the subcontractor to be paid for his work, and the general contractor's corresponding duty to timely pay the subcontractor are issues often affected by the actions of the owner. Two payment clauses have been identified to address the domino effect of payment to the subcontractor based on the owner's conduct.More... |
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