Construction Law | Residential | Commercial | Home Improvement | Contractor Sub Payment Act | Mechanic’s Liens

Residential and commerical construction disputes - sm

The property owner can be liable for a breach for its own  conduct or failing to account for outside factors by:

1. Failing to make payment in violation of the Contractor  Subcontractor Payment Act

2. Failing to pay for an agreed upon change order or extras

3. Failing to approve payment in accordance with agreed upon  American Institute of Architects (AIA) guidelines if those were  made party of the agreement.

4. Failure to secure a financing commitment

5. Failure to have the property ready for  construction/renovation

6. Seeking work that it knows violates local code

7. Seeking performance in violation of zoning restrictions

8. Failing to vacate the premises to allow construction (or  make accommodations for construction

9. Causing damage to the contractor’s property during the job.

10. Failing to pay for supplies if the contract calls for direct  payment by the property owner

11. Failing to pay for fixtures (sinks, appliances, light fixtures,  railings, etc.) if the contracts calls for it

12.  Failing to provide uninterrupted utilities – such as heat  (during cooler days), or air conditioning (during periods of  extreme heat), or water (for mortar work, clean up, and other  tasks that require water).

13. Failing to dispose of debris if the contract calls for it.

14. Demanding a greater quality of materials than reasonably  called for within the scope of the contract.

15. Demanding changes to the scope of work without a  commensurate increase in pay.

16. Failing to pay for reasonably unforeseen complications.

17. Misappropriation of architectural designs of plans.

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