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A contract law is a binding legal agreement that is enforceable in a court of law. That is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy. I have a passion for these types of cases. By Ezine @rticle.

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14y ago
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12y ago

1.1. Law of Contract for construction Industry

The term Contract used in the Construction management can be defined as: "An agreement entered into by two parties under the terms of which one party agrees to perform a specific job for which the other party agrees to pay. Contract documents attached to and/or stated in the agreement form integral parts of the contract"

Law of Contract in the construction industry deals with all legal issues relating to the construction process from land acquisition and project financing to post-construction claims settlements. Construction projects involve a multitude of various contracts and many different people. Construction law is not as cut and dry as other types of law. Each construction law firm specializes in different areas, but will likely address legal issues such as:

  • Construction delays--delays have become a very serious issue as money becomes a problem for contractors. But even if the contractor or the person who spearheaded the project no longer has money to finish a project, he or she still owes a great deal of money to investors. Many projects have been abandoned because of this issue.
  • Cost overruns and change orders--this is when an individual investing in a construction project believes that he or she was lied to when the deal was first sold and a solid monetary number was listed.
  • Contracts--as previously mentioned, there are many contracts involved in any construction project. There are contracts between investors, contractors, employees, renters, etc.
  • Defective work claims--when money starts to dry up, it is common for contractors to try to cut corners by finishing the work on the project in a very cheap and poor manner.
  • Defects such as roofing defects, water intrusion, structural life safety issues
  • Liens
  • Insurance coverage disputes
  • Mold and mildew claims
  • Documents related to the project including loan documentation

Most construction projects have so many elements to attend to that it is difficult to proceed without a knowledgeable construction lawyer.

Construction law covers legal issues and disputes arising from building and improvements of all sizes and complexity from basic, residential work (private projects), to large, complex projects such as: government or commercial and industrial projects, including high-rise buildings, light-rail transit systems, nuclear and fossil fuel power plants, hospitals, business office complexes, nursing homes, schools, shopping malls, historic renovations, bridge and highway construction, prisons, steel mills, continuous galvanizing lines, hydroelectric projects, sports and entertainment facilities, ships, cogeneration and alternative energy projects, development communities, and water and wastewater treatment plan.

Breach of Contract is the failure to perform it. However, not every failure to perform an obligation amounts to a true breach, as there are a number of excuses for non performance. When a contract has been broken without sufficient excuse or justification, the party who suffers by such breach is entitled to receive from the party in default, a compensation for any loss or damage caused by such breach. A judge usually makes a construction of an unclear term in a document at issue in a case that involves a dispute as to its legal significance. The judge examines the circumstances surrounding the provision, laws, other writings, and verbal agreements dealing with the same subject matter, and the probable purpose of the unclear phrase in order to conclude the proper meaning of such words. Once the judge has done so, the court will enforce the words as construed. However, for language that is plain and clear, there cannot be a construction.

When ambiguous language is given its exact and technical meaning, and no other equitable considerations or reasonable implications are made, there has been a strict or literal construction of the unclear term. A liberal or equitable construction permits a term to be reasonably and fairly evaluated so as to implement the object and purpose for which the document is designed. This does not mean that the words will be strained beyond their natural or customary meanings.

A rule of construction is a principle that either governs the effect of the ascertained intention of a document or agreement containing an ambiguous term or establishes what a court should do if the intention is neither express nor implied. A regular pattern of decisions concerning the application of a particular provision of a statute is a rule of construction that governs how the text is to be applied in similar cases.

The constitutionality of an ambiguous statute is a Question of Law and a matter of construction within the province of the court. The meaning of the language of the statute must be determined in light of its objectives, purposes, and practical effect as a whole. If a statute is so ambiguous that a judge cannot make a reasonable construction of its disputed provisions, and a reasonable person could not determine from reading it what the law orders or prohibits, it is void for vagueness because it violates the guarantee of Due Process of Law.

Some states have codified terms that had in the past been subject to repeated judicial construction. The need for court proceedings to determine the real meaning of some terms has been eliminated by enactment of statutes that give specific meanings-such as specifying that "calendar day" means a twenty-four hour period starting on midnight of one date and ending midnight of the next day.

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9y ago

Laws of obligation and contracts are very important in the day to day activities. They are able to bring some level of commitment to the parties involved and can be used as a reference point in case of any incident.

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12y ago

It is not. No contract protects rights the contract does not create. Without a contract, US workers have rights regarding equal opportunity, protection from discrimination and harassment, pay for all hours worked, overtime over 40 hours, and joining or forming unions.

No contract can REDUCE those statutory rights, nor supplant the existing law enforcement mechanisms. A contract can only create contractual rights for parties to the contract and then provide a grievance mechanism for alleged contract violations.

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12y ago

Because all sales involve a "contract" of one kind or another, either written or un-written. A contract assures that both parties to the transaction are protected and understand what the ground rules of the tranasaction are.

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11y ago

Employment contract is a mutual contract between the employer and the employee, stating the state of affairs in there professional arena. It discloses the complete set of rules and regulations framed by the Human Resource Management group of the concerned organization. It discloses the various perquisites, perks and constraints under the job specification. It also discloses the penalty that an employee would have to undergo in case of breach in contract for reasons what so ever. The importance lies in the fact that both the parties to the contract are clear about there expectations and the communication gap between the management and the employee is eliminated.

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9y ago

While oral agreements can be used, most businesses use formal written contracts when engaging in operations.

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Q: Why is a contract important in protecting rights of both employee and employer?
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