ConstructConnect Blog

Welcome to the first article in an ongoing, monthly series tackling aspects of construction law for the construction industry. This new monthly series is authored by J. Norman Stark, an Attorney-at-Law and Architect Emeritus, (AIA, NCARB) with over 40 years of experience in construction and consulting expertise in construction accidents and disputes.

Commencement of construction on most commercial construction projects is the date at which the time begins to run, based upon the project schedule. The project schedule provides for delivery of materials and performance of certain items of the work, including final punchlisting and occupancy, constituting the ultimate completion of the entire project work.

Construction documents prepared by Architects and Engineers most frequently use and refer to the term “workmanlike manner.” This term, an industry standard, refers to the desired and acceptable standard of quality of work and materials on a construction project. While courts may vary in their findings; the basis for evaluating workmanship standards are generally uniform.

Construction contracts contain many important clauses, such as “Pay-If-Paid” and “Pay-When-Paid” provisions. Each of these significantly defines important rights and potential liability of parties to the contract. While each of these terms affects a prime contractor’s obligations to its subcontractors, whether or not they are paid by the owner, the critical distinctions seriously affect primary rights and duties under the laws of each state and jurisdiction.

Our new monthly series on construction law is authored by J. Norman Stark, an Attorney-at-Law and Architect Emeritus, (AIA, NCARB) with over 40 years of experience in construction and consulting expertise in construction accidents and disputes.

Construction is a complex industry and business, requiring informed and dedicated companies, supporting staff, and skilled craft workers. This team should also include the assistance of experienced construction counsel when:

Verbal agreements and oral representations made during negotiations for an agreement, when later reduced to writing, are unenforceable. Under the law, when the agreement of the parties is later reduced to writing and verbal agreements and/or representations are not contained in the original written agreement, such omitted terms are NOT ENFORCEABLE! The Parol Evidence Rule, a rule of common law in most jurisdictions, excludes such representations made prior to the writing and/or not contained in the written agreement.

Our new monthly series on construction law is authored by J. Norman Stark, an Attorney-at-Law and Architect Emeritus, (AIA, NCARB) with over 40 years of experience in construction and consulting expertise in construction accidents and disputes.