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Posts tagged "Contract Disputes"

A closer look at how construction disputes are caused

If you are preparing for a big project and need to begin putting contracts into place with construction agencies you have negotiated with, chances are you have already started to discuss what preventative measures can be put into place to avoid costly disputes. At Triangle Law Group, we have helped many North Carolina construction companies to work through difficult contract challenges. 

Construction contract basics

North Carolina contractors who accept or are awarded projects no doubt are eager to get started on the work. However, before anything is done, they should take the time to create a clear contract with their customers. This may well benefit both parties and hopefully prevent problems later on. If a problem does arise, however, the construction contract may help to direct a resolution.

What is "course of performance"?

Typically, when you enter into a contract with another party in Raleigh, the obligations of both sides are clearly spelled out. However, even in instances of ambiguity, if you fulfill your terms of the contract as you perceive them to be (and your partner raises no objections), then you may justly believe that you are holding up your end of the bargain. So what if your partner later comes to you and claims that (at least according to its interpretation) you never fulfilled your side of the agreement? Can they then go after you for breach of contract

When can a seller keep your earnest money?

Your earnest money represents your financial commitment to closing on the property that you intend to buy in Raleigh. Like most, you likely assume that if the sale falls through, you are entitled to have that money returned to you. Yet what if the seller attempts to keep it? Are there situations where he or she is legally entitled to do so? 

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.

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