| Interpretation of Construction Contracts - Course of Performance |
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| The "course of performance" is that set of circumstances surrounding the specific contract entered into between the parties. It includes how the parties interact with each other with respect to the particular contract at issue as well as how they conduct themselves in the execution of their respective duties under that contract and respond to the actions undertaken by each other. Generally, if one party fails to object and acquiesces in the course of performance undertaken by the other party, such actions can be used in the interpretation of the parties' contract. More... |
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| CONCILIATION AND MEDIATION IN GLOBAL CONSTRUCTION CONTRACTS |
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| Some global construction contracts provide for conciliation and mediation in the event of a dispute. Conciliation and mediation is a process by which a neutral party helps parties to a contract to reach a settlement of their dispute. Unlike arbitration, the neutral party in conciliation and mediation does not render a final or a binding decision. More... |
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| Land Development and the Availability of Public Facilities |
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| Land development is not accomplished in a vacuum. Besides the construction of the structure itself, developers must account for the service of public facilities to the occupants of the structure. For example, roadways and water and sewer systems are critical to a new development and the lack of such services may result in a denial of the development project. More... |
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| ALLOCATION OF RISKS IN A PRIVATIZED CONSTRUCTION PROJECT |
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| 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 the project. The three ways of allocating the risks are avoiding or reducing the risks, assuming or retaining the risks, or transferring or sharing the risks. More... |
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| AN OWNER'S VICARIOUS LIABILITY IN CONSTRUCTION PROJECTS |
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| An owner of a construction project may be vicariously liable for another person's acts. If an owner hires contractors, design professionals, inspectors, or agents for a construction project and the acts of the contractors, the design professionals, the inspectors, or the agents injure another person or damage another person's property, the owner may be liable. More... |
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