Kitchen Universe LLC

Thursday, September 11, 2008

Construction owners need to know their liabilities

As a construction owner, you can incur liability if you fail to recognize and comply with certain implied legal obligations, many of which spring from an implied covenant of good faith.

Simply put, this covenant states that neither party will do anything to injure the right of the other to obtain the benefits of the contract. An owner can be found to violate this covenant when acting intentionally, or in bad faith, to frustrate or delay a contractor.

One of the traps for the unwary arises even before the contract starts. The owner has a duty to furnish information that will not mislead prospective bidders.
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