Construction Law
| Doctrine of Economic Loss |
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| The doctrine of economic loss was created to limit the assertion of tort claims in areas where contract law reigned. Therefore, the doctrine generally applies to claims where the parties' rights and responsibilities are governed by a contract. Essentially, a plaintiff cannot recover in tort for a pure economic loss without claiming damage to other property or personal injury. More... |
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| Patent versus Latent Construction Defects |
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| 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 means a difference in years with latent defects enjoying a longer limitations period. More... |
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| DEVELOPER CONCESSIONS IN A SUBDIVISION PROJECT |
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| Developers who were involved in subdivision projects traditionally only made minimal improvements to their projects. The developers relied on existing parks, schools, and playgrounds. With the advent of subdivision regulation, local authorities began to require the developers to make concessions in order to be approved for their subdivision plans. These concessions now include dedication of land for parks, schools, and playgrounds or the payment of a fee in lieu of the improvements. More... |
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| Contractor's Implied Duties |
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| In addition to the duties expressly identified in the construction contract, a contractor must adhere to certain implied obligations. First, the contractor warrants that his workmanship is free from defects. Another contractor duty that is often implied with respect to a construction contract is for a contractor to notify the owner if construction costs look like they will exceed the projected costs for the project. More... |
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| Impact Fees |
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| Municipalities assess impact fees against new land developments in order to fund the extension of public services and facilities to the development. The fee, which is paid by the developer, covers a part of the costs that the municipality will incur in providing the necessary facilities. Such facilities can include transportation lines, water and sewer systems, public thoroughfares, schools, and police and fire stations. More... |
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