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Construction Law Newsletters

Concurrent Delay

A delay in the completion of a construction project cannot always be attributed to only one party. Sometimes, both the contractor and the owner have engaged in actions or inaction that have affected the timely completion of the project. When both parties cause the delay, the damages outcome is not uniform among the jurisdictions.

DEFINITIONS OF INTERNATIONAL ARBITRATION IN GLOBAL CONSTRUCTION PROJECTS

When a global construction project involves a contract that provides for arbitration in the event of a dispute, the arbitration may be considered to be an international arbitration. An arbitration is considered to be an international arbitration if the underlying construction project is an international project, that is, a construction project that involves different countries. An arbitration is also considered to be an international arbitration if the underlying dispute has an international character, that is, if the parties that are involved in the project are from different countries.

Federal Tax Benefits for Historical Property Owners

The Federal Historic Preservation Tax Incentive Program was instituted to enlist the help of owners in the preservation of their privately owned income-producing historic property.

Negligent Certification by Architect

For a contractor to receive the final payment for his work on a construction project, the architect must certify that the work has been completed and it has been done satisfactorily. An architect's negligent certification can have substantial ramifications, with owners, contractors, and sureties all potentially having claims against him.

"Substantial Completion" of Construction Contract

Once a construction contract has been substantially completed, the owner is liable to the contractor for the final payment on the contract price. The contractor must prove "substantial completion." Thereafter, the burden shifts to the owner to prove otherwise or show defects in the contractor's work that impacts the project's completion.