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Owners, developers, contractors, design professionals, subcontractors, and others in the construction industry are frequently reminded to get their deal in writing. Construction contracts are some of the most negotiated, complex, comprehensive contracts used today. But is getting it in writing enough? No. When a dispute arises, parties to a construction contract are often surprised to find that they are bound to implied contract obligations that they did not even know existed. This topic will help those who deal with construction contracts all the time or just some of the time, whether as a party, employee, representative, or advocate, identify, analyze, and apply some of the more commonly recognized implied contract obligations to their construction contracts and disputes. This topic also explains the requirements and best practices for waiving or modifying implied contract obligations. Failing to recognize and understand the applicability of implied contract obligations to construction contracts can lead to bad decisions, loss of rights, inadvertent breaches, improper claims, and meritless defenses. This information is critical to those who need to know and understand their rights and obligations under their construction contracts.
- You will be able to identify some of the more commonly recognized implied contract obligations.
- You will be able to discuss how the more commonly recognized implied contract obligations affect your rights and obligations under a construction contract.
- You will be able to explain how the more commonly recognized implied contract obligations support your position with respect to disputes and claims arising out of a construction contract.
- You will be able to review how to modify your construction contracts to address your rights and obligations with respect to implied contract obligations.