Newsletters
RISKS IN A PRIVATIZED CONSTRUCTION PROJECT
As with any construction project, there are risks that are inherent to the project. In a privatized construction project, where a public entity seeks to construct, finance, and operate the project with private funds, there are additional risks. These risks become particularly prominent when the project is to be located in a foreign country.
Common Construction Contract Relationships and Practices
Most construction contracts contain similar elements defining the relationships between the owner, architect and/or engineer, and contractor. Additionally, general conditions representing common construction practices are included in the contract. Naturally, construction contract documents separate out the responsibilities of the parties.
Construction Defect and the Right to Repair
The explosion of construction defect litigation was the catalyst for reform with respect to claims against builders, including contractors and subcontractors. With the goal of reducing litigation while balancing homeowner rights to own safe homes, a number of states passed legislation giving a builder the right to repair or cure any alleged defects. Though each state's legislation is unique, there are several key components that seem to be universal.
CONCILIATION AND MEDIATION IN GLOBAL CONSTRUCTION CONTRACTS
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.
Legal Issues in Roadway Access
Generally, local governments and the department of transportation regulate roadway access, in their respective jurisdictions, in order to maintain efficient and safe traffic flow. When applying such regulations to a new development, considerations are given to safety, capacity of the roadway, economic impact, and the rights of property owners whose land abuts the development or pertinent roadways to the development. Roadway regulations can extend beyond the actual road surface to related areas such as curbs, medians, and sidewalks.
