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.
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.
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.
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.
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.
As your business grows, you are probably dealing with more entities each year. In addition to customers, you have new suppliers, vendors and subcontractors who depend on you to deliver your services in a timely manner. Maybe one of your goals as a business owner was to maintain a casual, approachable image, and you have managed this by keeping your word and accepting the word of others.
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.
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.
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.
For both property owners/developers and contractors, careful negotiation of construction contracts is important to ensure a party’s rights and interests are protected. One important aspect of construction contract negotiation that should always be thoroughly explored is risk allocation.