Overview
When parties enter into construction or design contracts, there may be numerous implied obligations that arise under law or in equity. These implied obligations should be carefully considered by owners, design professionals and contractors. These implied obligations apply to most construction and design contracts unless a specific contractual provision is provided in the contract that supersedes each implied obligation. During this OnDemand Webinar 12 implied obligations will be discussed.
Learning Objectives
• You will be able to explain warranty of workmanship.
• You will be able to point out duty of good faith and fair dealing.
• You will be able to summarize construction according to the plans and specifications.
• You will be able to describe UCC warranty of merchantability.
Authors
Robert J. “Mike” Cathcart, Esq., Bryan C. Jackson, Allen Matkins Leck Gamble Mallory & Natsis LLP
Self Study Credit - OnDemand Webinar
| CC | 0.5 | | |
| CLE | 1.5 | AK, AL, AZ, CA, IL, MT, NC, ND, OR, PA, TN, VA, VT, WA | |
| CLE | 1.6 | MS | |
| CLE | 1.8 | WV | |
Self Study Credit - CD & Reference Manual
| CLE | 1.5 | AK, AZ, CA, GA, ME, MT, ND, NV, OR, UT, VT, WA | |
| CLE | 1.8 | MO, WV | |
| CLE | 2 | CO | |
Self Study Credit - Podcast
| CLE | 1.5 | AK, CA, ME, MT, ND, NV | |
| CLE | 1.8 | MO, WV | |
Agenda
Implied Warranty of Plans and Specifications
The Implied Duty of Good Faith and Fair Dealing
The Implied Duty to Share Material Information
The Implied Duty to Provide Access, Duty to Coordinate and Duty to Not Interfere
The Implied Warranty of Fitness for a Particular Purpose or Habitability
Implied Warranty of Workmanship
Implied UCC Warranty of Merchantability
Implied UCC Warranty of Fitness for a Particular Purpose
Implied Standard of Care
Implied Duty to Construct According to the Plans and Specifications
Implied Duty to Construct According to Legal Requirements Such as Building Codes, Ordinances, Consent Decrees and Regulations
Implied Duty to Complete the Work or Services in a Reasonable Time and for a Reasonable Price