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Construction Law Newsletters

Land Development and the Availability of Public Facilities

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.

Bid Protests

Bidding for construction contracts is the primary method by which contractors submit competing offers to provide services or supplies on a public construction project. The rules and regulations adopted by governmental entities for the procurement of their contracts must be followed by all participants in the bidding process. When a contractor believes that the requisite rules or regulations have been abrogated by a fellow contractor, he will likely file a bid protest against any award of the contract to the fellow contractor.

Owner's Selection of Architect and Contractor

Among the owner's chief concerns to ensure the successful completion of a construction project is the selection of the project's architect and general contractor. Without such key personnel in place the project would never get off the ground. Further, ensuring the quality of workmanship on the project starts with the architect's design of the plans and specifications and carries forward through the actual construction process under the auspices of the contractor.

Regulatory Takings

A regulatory taking exists when a government regulation is so burdensome and restrictive as to what an owner may do with his property that the government has essentially "taken" the property. Restrictions on land use are prominent when the property is a historic structure. Aggrieved landowners may seek compensation for the taking from the government.

OWNER'S DEFENSES TO BREACH OF CONTRACT

If a contractor files a lawsuit against an owner for damages for breach of contract, the owner may defend the lawsuit by claiming that the contractor failed to perform in accordance with the contract and that the contractor breached the contract.

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