Practical Considerations and Concerns in Basic Construction Contract Law

• Overview
• Credits

Understand the details of construction contract arrangements and the concepts of construction contracting.The topic is intended to assist you in understanding the issues specific to construction contracts. The information is designed to educate listeners on contract formation, breach of contract, excusable nonperformance and damages and remedies. The material will also help you understand the key provisions and special considerations in construction to best protect your, or your client's, business.

Authors

Agenda

History of Contract Law

Contract Formation

• Written Contracts

• Oral Contracts

• Implied Contracts

Breach of Contract

• Waiver

Excuses for Nonperformance

• Frustration of Purpose

• Impossibility

• Unavoidable Accident

Inexcusable Breaches

• Nonpayment

• Cardinal Change

• Denial of Site Access

Damages and Remedies

• Specific Performance

• Money Damages

Special Construction Issues

• No Damages for Delay

• Contract Modifications

• Termination for Convenience

• Prompt Payment

• Pay When Paid

• Mechanics' Liens

• Trust Funds

• Competitive Bidding