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Construction Law Archives

What types of construction defects might you face?

We often mention situations in which you might face construction defects and what you can do about those problems, but what types of construction defects are common? Construction defects typically occur because of a flaw in design, material or workmanship. That means that the design doesn't work appropriately, the materials are subpar or not meant for the job they are doing or the workers made an error or cut corners during construction. Here's a look at some specific places you might note construction defects in your home or building.

Can you stop scope creep from derailing construction projects?

Scope creep can be one of the most disastrous and expensive things to occur in any construction project, and it's especially frustrating when it comes from the other party. If you're the property owner, scope creep can mean ever-rising expenses and a timeline that stretches on for what seems like forever. If you're the contractor, scope creep can mean that the client expects you to deliver things that aren't possible in the budget and timeline provided.

Know how to seek compensation for substandard construction

Your home is your castle, but when the contractor working on your home doesn't do the job up to par, you might be left with a crumbling castle. We know that you would never hire a contractor who you thought was going to do a shoddy job; however, if that does happen, we are here to help you seek compensation for the substandard work.

3 things you can do when faced with contractor problems

When you hire a contractor to complete building or repairs on your site -- whether it's residential or commercial -- you have some expectation that the contractor will complete the job he or she signed up for. The contractor, conversely, has some expectation that you will pay for the work that is done. These expectations should be spelled out in a contract, which is a legal protection for both you and the person doing the work.

Voters agree to Proposition 51 to fund school building

One of the items on the ballot in California on Tuesday was Proposition 51. The bill included the funding of school construction projects across the state -- to the tune of $9 billion in state funds in the form of a bond. The money will be set aside to be provided to localities that need to repair existing buildings or construct new ones. The goal is to match local funding on such projects.

Eminent domain has been around for decades

Eminent domain has been considered a right of governments in the United States for decades -- even centuries. One writer in 1879 noted that it doesn't require constitutional recognition and that any government -- from federal to local -- might be able to use it to seize land under certain circumstances. Eminent domain is restricted somewhat by the Fifth Amendment to the Constitution, though.

A developer can be held accountable for some soil damage

You might think that if soil movement caused damage to your home or building that you are out of luck with reparations. How could anyone be liable for the movement of the earth? The truth is, though, that developers can sometimes be held responsible for damage to your building if they allowed the building to be placed on soil that later moved or shifted.

What are the top accident reasons in the construction industry?

According to the Occupational Safety and Health Administration, 4,821 people lost their lives due to on-the-job accidents in 2014, and 17 percent of those fatal accidents involved contractors. Many of those contractors would have been on construction sites, and numerous noncontracted employees on construction sites were also included in that number. To help keep yourself safe when working in construction, it helps to understand the biggest risks.

What is specific performance?

Specific performance is a term related to contracts law, and it could be applicable to contracts between property owners and construction contractors. It could also be applicable when you are dealing with real estate transactions in the context of a construction project.

Is your building prepared for a disaster?

September is officially National Preparedness Month, and the United States Geological Survey has published links to a number of pages with helpful information about preparing for emergency conditions. Emergency issues that can arise in California include earthquakes, wild fires, flooding from El Nino and even tsunami issues on the coast.

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