Construction contracts comprise of a set of complex documentation, requiring knowledge of many fieldsThese fields include:
Contract Law For The Drafting Of The Initial Contracts And Any Variations Thereto
Advice On Standard Form Contracts
Advice And Litigation Involving Contractual Disputes.
Arbitrations
An Expertise In Liquidations And Insolvency Law Is Also Necessary To Assist With Issues Such As The Various Liens Available To Secure Payment To Contractors And Subcontractors,
The Effects Of Liquidations On These Liens
The Ranking Of Various Competing Security Rights As Well As
The Effects Of Liquidations Of The Various Companies Involved In The Construction Process And The Associated Contracts.
Reviews Of The Tender Process
We can also assist with advise on the structure of the financing of constructions projects, including but not limited to the following:
Penalty Clauses
Design Defects
Professional Liability Claims
Breaches Of Contractual Obligations,
Payment Disputes Including Certification Disputes
Final And Practical Completion,
Project Defects, Defects Caused By Other Contractors Or Subcontractors
Variation Orders
Inability To Obtain A Completion Certificate
We Can Also Advise On The Tendering Process
Arbitrations
Regulatory Bodies and Legal Ramifications of Construction Contracts
Advise on breaches of contract
Run litigations involving these breaches of contract and the various available remedies
Legality of contracts
Suspensive clauses
Resolutive clauses
Prevention of performance by the other contracting party
Impossibility of performance
Contractual clauses which are contra bonos mores (against good public morals)
Repudiations
Contractual defences
Penalty clauses
Warranties
The effects of "Llimitation of Liability" clauses
The effects of standard terms and conditions
International contracts
Contractual disputes
Terms implied by law or fact
The remedies for misrepresentations
Authority to contract by companies
Estoppel
Restitution
Void and voidable contracts
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