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Completion of Construction Project

Generally, time is of the essence in construction projects. However, the common law provides that, if the condition that "time is of the essence" is not included in the parties' contract, it is not so. Practically speaking, the majority of construction contracts will include such a provision.

Case Management Order in Construction Defect Actions

Given the complexity and size of most construction defect actions, the Case Management Order (CMO) is crucial to the orderly, cost-effective, and efficient adjudication of all the parties' claims. Generally, the CMO is drafted and agreed to by the parties and then signed as an order from the court. In construction defect cases, the homeowners and developer are usually the parties who initiate the CMO. Later parties, such as subcontractors, are automatically subject to the CMO provisions upon their entrance into the litigation.

Joint Venture for Completion of Construction Project

In order to effectively compete for a construction project, some contractors may enter into joint venture agreements. One contractor, alone, may be too small of an outfit to proffer the necessary financial, labor, and equipment resources for the project. However, if the contractor joins forces with another contractor, their combined resources could make it possible to submit the winning bid and complete the project without hardship to either entity.

Concurrent Delay

A delay in the completion of a construction project cannot always be attributed to only one party. Sometimes, both the contractor and the owner have engaged in actions or inaction that have affected the timely completion of the project. When both parties cause the delay, the damages outcome is not uniform among the jurisdictions.

Density Issues in Construction

When planning a new development, developers must account for the density of the project. By an established minimum lot size, the density of single-family homes in a development is predetermined leaving developers with a finite number of homes that can be contained in the development. With respect to multi-family homes such as condominiums, maximum density is usually calculated by the number of homes per acre.