http://www.theconstructionlawadvisor.com Wed, 08 Apr 2009 21:24:25 +0000 http://backend.userland.com/rss092 en The Board of Directors of a homeowners association (HOA) has a legal duty to its members to act in a reasonable and responsible manner to represent and protect the association's interests. By and large this is not difficult to do while managing the association's routine business. When construction defect claims arise, ... http://www.theconstructionlawadvisor.com/hoa-construction-defect-claims Background Hardboard siding is a manufactured product designed to resemble traditional wood siding used as an exterior finish in residential construction.  Hardboard is composed of compressed wood fiber or wood chips, wax and resin pressed into the shape of boards or panels. Because it is essentially saw dust or wood chips ... http://www.theconstructionlawadvisor.com/hardboard-siding-claims If you're wondering if you have an EIFS claim, you probably already know what EIFS is.  It is an exterior insulation and finish system – sometimes called fake stucco or synthetic stucco – that has been blamed for thousands of cases of wood-rot in homes across the United States. Builders ... http://www.theconstructionlawadvisor.com/eifs-claim EIFS is an abbreviation for "exterior insulation and finish system," also called fake stucco or synthetic stucco.  It is a type of low-cost, waterproof exterior finish with high insulation value. EIFS Components EIFS components are applied in several layers. The first layer is a foam board applied to the building's exterior to ... http://www.theconstructionlawadvisor.com/eifs-definition Changes during a construction project are as certain as death and taxes. But often times, changes to a construction contract are not as thoroughly discussed nor as well documented as the original contract. Consequently, change orders that have been handled sloppily can often result in a construction dispute. Why Changes ... http://www.theconstructionlawadvisor.com/construction-change-order The three most common types of construction contracts are: Lump sum Unit cost Cost plus In a lump sum contract, the contractor gives a set price for the work described. If the actual cost of the work is not what the contractor expected, the contractor enjoys the savings or pays the overages. The owner ... http://www.theconstructionlawadvisor.com/construction-contract-2 A lien is a claim against a home or other real property for an unpaid debt.  A mechanics lien is a specific type of claim made by someone who provided labor or materials for improving a property, such as an architect, building contractor, subcontractor or building materials supplier. Mechanics liens ... http://www.theconstructionlawadvisor.com/mechanics-liens The traditional ways to settle an intractable dispute are fighting or going to court.  But fighting usually doesn't actually resolve a dispute and has been out of favor since Aaron Burr shot Alexander Hamilton in a famous duel. On the other hand, while suing someone in court is the civilized ... http://www.theconstructionlawadvisor.com/mediation-arbitration If you're reading this, it's likely because: You've discovered a problem in your home that you think may be a construction defect, or You're having trouble getting your contractor to correct a problem in your home, and You're wondering if it's time to talk to an attorney. Here's a checklist to help you determine ... http://www.theconstructionlawadvisor.com/construction-defects-lawyer Some sources define a construction defect as any condition that reduces the value of your home or other real property.  That definition is a little overly broad, however, because it can include many conditions unrelated to the home's design or construction. Damaged roof tiles from a hailstorm technically fit the ... http://www.theconstructionlawadvisor.com/what-is-construction-defect