TERMINATION OF FEDERAL CONSTRUCTION CONTRACTS BASED ON DEFAULT

Construction contracts with the federal government must generally be completed by the scheduled completion date because the government has an interest in its occupancy or use of a project. The government normally secures the completion of the project by the scheduled completion date through performance bonds, penalties for delay, or escrow accounts.

Interpretation of Construction Contracts - Course of Dealing

The "course of dealing" between parties to a construction contract encompasses their past actions in conducting business on other matters and is regarded as the basis for a common understanding between the parties. Essentially, their conduct in carrying on past business affairs with one another may be used to interpret a contractual provision in their current business endeavor. When the parties have neglected to include a term in their current contract, courts may look to their course of dealing to supply the missing term.

Authority of Owner's Agent With Respect to Contract Modifications

Owners do not always oversee every aspect of the construction process and oftentimes employ agents to represent their interests at the construction site. Commonly, the architect or construction manager will serve in the role of "agent" to the owner. A question of the agent's authority will frequently arise when a dispute surfaces concerning modifications to the construction contract.

THE AMERICANS WITH DISABILITIES ACT & THE CONSTRUCTION INDUSTRY

The Americans with Disabilities Act was enacted in 1990 in order to eliminate discrimination against individuals with disabilities. The Act requires persons to design and construct public accommodations and facilities that are accessible to individuals with disabilities. The Act applies to new construction and to alterations to existing public accommodations and facilities.

Private Land Use Controls

In order to preserve the character and quality of a new development, some developers place restrictions on the property to control how it will be used. These private land use controls take the form of restrictive covenants and negative reciprocal easements.