| Patent versus Latent Construction Defects |
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| A significant issue for homeowners and contractors alike is whether a construction defect is patent or latent. Which category the defect falls into will determine the time within which an action must be brought on the defect. Generally, this means a difference in years with latent defects enjoying a longer limitations period. More... |
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| Variances |
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| Though zoning laws restrict the way a parcel of land can be used, property owners can seek a variance, or exception, from such laws based on unnecessary hardship. This hardship cannot be one that is self-induced. There are two types of variances: area variances and use variances. More... |
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| Development Approval Process |
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| Construction developments generally follow a similar path on their way to final approval. The first decision a developer must make, and one that can have lasting ramifications throughout the process, is site selection. Choosing a proper location for the development requires taking into account a multitude of factors, not the least of which is the property's zoning designation, density requirements, access, and existing covenants running with the land. More... |
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| Commercial Use Issues |
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| Developers involved in the construction of commercial centers face several challenges. Chief among these challenges is obtaining permission to build. Some communities have sought to balance commercial growth with community integrity by addressing commercial developments prior to even being approached for development approval. More... |
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| A CONTRACTOR'S RIGHT TO FINISH EARLY IN FEDERAL CONSTRUCTION PROJECTS |
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| A contractor in a federal construction project can save money if it completes the project earlier than the completion date that is set forth in a contract. The contractor may have a claim against the government for damages if the government interferes with the contractor's completion of the project prior to the completion date. Although the contractor has a right to finish the project early, most construction contracts with the federal government do not contain clauses regarding early completion. More... |
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