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Construction Law Basics

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Payment Bond

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A type of surety bond that ensures subcontractors and suppliers are paid for work and materials supplied.

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Punch List

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A document created at the end of a construction project listing work not conforming to contract specifications that must be completed prior to final payment.

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Force Majeure

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A contract clause that relieves parties from performing contractual obligations when certain circumstances beyond their control occur.

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Joint Venture

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A business arrangement in which two or more parties agree to pool their resources for the purpose of accomplishing a specific construction project.

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Performance Bond

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An assurance to the project owner that the contractor will perform the obligations of the contract.

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Subrogation

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The legal process by which an insurance company, after paying out a claim, seeks to recover the amount of the claim from those who are legally responsible for the loss.

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Retention

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A percentage of payment withheld from a contractor or subcontractor until the completion of the project to ensure all work is satisfactorily done.

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Lien Waiver

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A document from a contractor, subcontractor, material supplier, or other construction participant releasing their right to place a mechanic's lien on the property.

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Mechanic's Lien

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A security interest granted to builders, contractors, and construction firms that have supplied labor or materials to improve a property.

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Building Code

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A set of regulations concerning building design, construction, alteration, and maintenance to protect public health, safety, and welfare.

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Liquidated Damages

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A predetermined sum agreed upon by the parties to a contract that will be forfeited as compensation for breach.

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Change Order

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A legal document that outlines changes to the scope of work, pricing, or time on a construction project.

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Certificates of Occupancy

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A document issued by a local government agency or building department certifying a building's compliance with applicable building codes and other laws.

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Indemnification

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A contractual obligation of one party to compensate the loss incurred to another party due to the acts of the indemnifier or any other party.

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Zoning

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The legislative process for dividing land into zones for different uses, such as residential, commercial, industrial, etc.

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Scope of Work

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The section of a construction contract that outlines the specific duties, deliverables, and expectations associated with the project.

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Surety Bond

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A three-party agreement in which the surety company assures the project owner that the contractor will perform the contract.

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Request for Information (RFI)

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A formal process to gather information from the project owner or architect during construction projects.

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Construction Defect

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A deficiency in the design or construction process that leads to failure or does not meet intended usage.

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Workman’s Compensation

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Insurance that provides wage replacement and medical benefits to employees injured in the course of employment.

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