Heckman & O'Connor, P.C. - Untitled 7

Owner's Waiver of Completion Date

Normally, when a contractor's performance under a construction contract is delayed, the owner may seek damages arising from such delay. However, if the owner has waived the agreed-upon completion date, he may not later seek damages based on the...

Anticipatory Breach of Construction Contract

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...

ALLOCATION OF RISKS IN A PRIVATIZED CONSTRUCTION PROJECT

As with all risks that are inherent to a construction project, the risks of a privatized construction project, that is, a public project that is built and financed with private funds, are usually allocated among the parties who are involved in...

Patent versus Latent Construction Defects

A significant issue for homeowners and contractors alike is whether a construction defect is patent or latent. Which category the defect falls into will determine the time within which an action must be brought on the defect. Generally, this...

AN OWNER'S RIGHT TO STOP & TO COMPLETE WORK

An owner who is involved in a construction project has certain rights under his or her contract with a contractor. One of the owner's rights in a construction project is the right to stop work on the construction...