Implied Obligations in Construction Contracts

Don't be caught off-guard by implied contract obligations that you did not even know existed.

Owners, developers, contractors, architects, engineers, subcontractors, and others in the construction industry are frequently reminded to get their deals in writing. Construction contracts are some of the most negotiated, complex, comprehensive contracts used today. But is getting the deal in writing enough? No. When a dispute arises, parties to construction contracts are often surprised to learn that they are bound to implied contract obligations that they did not know existed. This topic will help those who frequently or infrequently negotiate, administer, and manage construction contracts identify, analyze, and apply some of the more commonly recognized implied contract obligations to better protect their rights, avoid liabilities, and resolve disputes. This material also explains the requirements and best practices for waiving or modifying implied contract obligations. Failing to recognize and understand the applicability of implied contract obligations to your construction contracts can lead to bad decisions, loss of rights, inadvertent breaches, improper claims, and meritless defenses. This information is critical to those who need to know and understand their rights and obligations under their construction contracts.