Some people have been in this situation before. They've recently gone out and purchased the home of their dreams. In many cases, it has been flipped and offered for sale by the contractor. The buyer has taken out a sizeable mortgage from the bank and feel a little bit stretched; however, it's worth it because the home is everything that they've ever wanted. Unfortunately, just after getting used to their routine, they realize the home has a host of problems that weren't disclosed during the purchase negotiation process. This is only one of the myriad of reasons that home flippers and real estate agents get sued.
Last time, we began looking at the how tenants can potentially address mold problems under the warranty of habitability. As we noted, the warranty of habitability requires landlords to maintain leased property in safe and livable condition, and tenants are able to enforce the warranty in court as long as they aren’t personally responsible for the mold damage through their own negligence.
Mold can be a problem in any property where water leaks occur, whether from piping or from the elements. Mold damage not only can negatively impact the integrity of a property, but it can also cause health problems for residents, causing allergic reactions, mycotoxin poisoning, and fungal infections. There are certain steps residents can take to address mold problems, but when mold problems are extensive and deep, it may not be possible to address the problems on their own.
In our previous post, we began looking at a recent federal case involving an engineering, procurement and construction contract for a project in Florida. As we noted, EPC contracts are commonly used in construction projects in the power sector, but also in other sectors. Whenever they are used, it is important for all parties to work with experienced legal counsel to ensure their interests are represented in the final agreement and that their rights are protected if the contact is breached in the course of the progression of the project.
One of the potentially important tools used in the private power sector is the engineering, procurement and construction (EPC) contract. These contracts are so important in projects where they are used because so much of the project rides on them. Under an EPC contract, a contractor is legally obligated to produce a power facility, complete and entire, at a guaranteed price by a specific date and according to specific specifications.