Surprised to learn that you are bound to implied unwritten construction contract obligations? You’re not the only one.
Courts in the United States began to recognize certain implied contract obligations about 100 years ago in circumstances where application of the common law rules of contract formation and interpretation would lead to results that the parties to the contract clearly did not intend. As a result, the courts required that the implied contract obligations be consistent with and necessary to carry out the express terms of the contract, such that it could be fairly said that the parties to the contract would have included such obligations in their contract had they thought about it.
Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
Part-time instructor of graduate courses in design and construction law and real estate development law at the Georgia Institute of Technology
General counsel to the Georgia Utility Contractor’s Association
Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
Drafted form construction contracts for the Associated Owners and Developers, a national organization
Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
Frequent author and lecturer on construction law
Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
J.D. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University