US-00102BG free printable template

In addition to educating consumers about contractors and construction law MSBOC activities include administering examinations to test prospective licensees issuing licenses investigating complaints against licensed and unlicensed contractors issuing citations suspending or revoking licenses and seeking administrative criminal and civil sanctions against violators. Contracting Construction Law Construction Contracts How contracts work Offer and acceptance let s make a deal A building and...construction contract must fulfill the same requirements as any other type of contract in regard to matters such as offer and acceptance sufficiency of consideration certainty etc. Such a contract generally provides not only for the construction of the project but also for many matters that are incidental to the project. Thus it may provide for the carrying of liability workers compensation and fire insurance policies designating which party is responsible for obtaining particular insurance. A...building and construction contract will typically specify the duties responsibilities and liabilities of each of the parties as well as those of any employed architect or engineer. The amount and method of compensation is of course an important part of such a contract. A building or construction contract like other contracts must be based upon an offer and acceptance between two or more competent parties must be for a sufficient consideration and must be sufficiently certain* However even if...a construction contract were to be so vague and indefinite as to be unenforceable when it was formed the contractor s performance would make it mutual and enforceable against the Owners. What constitutes a reasonable time for the acceptance of an offer in the building industry must be determined by the nature of the contract the work to be performed the materials to be supplied the weather conditions the coordination of work to be done with the other activities of the bidder s business the...usages and customs in the trade and all the other circumstances of the case. 1 Written agreements integration and merger When the parties to a building contract have orally agreed to the terms of performance and the price there is an express contract. A building contract does not come under the statute of frauds as a contract incapable of being performed within a year even when the time for the performance is fixed at a period of over a year since this does not prevent the contract from being...capable of performance within a year. Therefore in the absence of a statute providing otherwise a contract to erect an addition to a building may be oral* However a contractor s failure to provide a homeowner with a written construction contract may be a violation of a state s consumer-protection statute. 1 13 Am* Jur. 2d Building and Construction Contracts 1 In the absence of a statute requiring a contract to be written or evidenced by writing a valid contract may be partly written and partly...oral* A verbal acceptance of a written offer forms a valid contract that is partly written and partly oral* The rule that all preliminary negotiations and agreements are to be deemed merged in the final settled instruments executed by the parties does not prevent a contract from being partly oral and partly in writing.