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contract disputes Archives

Proving bad faith

As has been detailed previously on this blog, construction contracts cannot be terminated unilaterally unless they contain some sort of termination for convenience clause. Many of the clients that we here at the Triangle Law Group have worked with in the past often feel handcuffed by such clauses. To avoid the same predicament, you may think that all you need to do is ensure your contracts do not contain them. However, a majority of public agencies in Raleigh insist upon them, and the law often provides the government with latitude when choosing to exercise them. 

Differentiating cause from convenience

Parties enter into contracts in Raleigh all the time with the expectation that both sides will fulfill their designated obligations. That does not necessarily mean, however, that all such contracts will be carried out. Disputes over services and duties or a simple change in circumstances could prompt one side of such agreements to seek to end them. Yet how does one terminate a valid, binding contract without facing any legal consequences

What are the elements of a good construction contract?

Avoiding construction contract disputes often begins with crafting a solid construction contract. This is especially important if you are entering into a construction contract to have a house built in North Carolina. You want everything to go as planned and to get the house you envision at the end of the project.

Consider your consideration

Few professional agreements (particularly in the construction industry) are one-sided. There is almost always a promise exchanged between all parties. This why, whenever clients come to us here at The Triangle Law Group with questions regarding disputes with their contracted partners in Raleigh, one of the elements of their cases we review first is that exchange of promises. You go into a contract negotiation fully expecting such an agreement to be mutually beneficial. Without mutual benefits, a contract can often be declared void. 

What should I do before signing a construction contract?

The honeymoon phase of a new construction project in North Carolina can be a heady time for all involved, but it is important not to let that get in the way of the fine print of the contract. While you are seeing everything through rose-colored glasses now, your perspective may change a few months into the project.

Motor carrier sues Amazon over disputed contract terms

While Amazon's "Prime Day" resulted in potentially $1 billion in sales, the online retailer has to fulfill millions of orders. This requires work on behalf of fulfillment centers and trucking companies across the country to deliver all of the different forms of merchandise purchased online. Indeed, the notion of using drones to deliver short distance deliveries is trendy, but a large bulk of the merchandise still arrives from manufacturers to fulfillment centers on a truck.

Scope of work and change orders in construction contracts

As contractor bidding on a construction project in North Carolina, you may expect many parties to be involved if you win the bid, including the owner, design team and subcontractors. Identifying exactly what each is responsible for allows you to avoid liability when someone else is at fault. This is where the construction contract comes in, and we at Triangle Law Group are skilled at negotiating these documents so that terms and clauses do not damage a client’s reputation and bottom line.

Two different ways to structure energy contracts, and the importance of experienced legal counsel

Last time, we began looking at a state bill that would rework the regulatory scheme governing the bidding and negotiation of renewable energy projects. As we noted, the bill would put Duke Energy in charge of the bidding process for these projects, which is a cause of concern to private energy developers, who have been increasingly shut out by the utility.

Renewable energy developers oppose bill reworking regulation of project bidding process

Clean energy is a growing and competitive industry, and regulating of the industry requires careful balancing of multiple factors. Among these factors is the need to protect consumers, as well as the need to encourage growth and innovation.

Looking at some strategies for allocating risk in construction contracts, P.2

Last time, we began looking at some of the strategies that can be used to allocate risk in construction contracts, and the importance of working with an experienced attorney to negotiate risk allocation in the formation of construction contracts. Last time, we mentioned warranties and representations, as well as payment terms and conditions, as potential ways to allocate risk.

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