Newsletters

ACTIONS FOR EMOTIONAL DISTRESS REGARDING CONSTRUCTION DEFECTS

The infliction of emotional distress is a cause of action in tort that seeks damages for a person's mental anguish and suffering without any physical injury or harm. The infliction of the emotional distress may be intentional or it may be negligent. Traditionally, courts have not allowed an owner to recover damages for emotional distress in actions regarding construction defects. However, more and more courts are beginning to consider these damages in litigation involving construction defects.

Collateral and Subsequent Agreements

In the construction industry, collateral and subsequent agreements may be entered into either contemporaneously or after the parties enter into the prime contract. The parol evidence rule does not hamper the admittance of evidence of either a collateral or subsequent agreement. However, if such agreements are not in writing, proving their existence can be a laborious undertaking.

Choice of Materials and Materials Substitutions

The materials used in a construction project can either be dictated by the owner, left to the contractor's judgment, or a combination of the two. An owner who is critically concerned with the quality of the materials used may identify, with the help of the architect or other design professional, specific materials and products that are to be used in the construction.

Common Construction Contract Relationships and Practices

Most construction contracts contain similar elements defining the relationships between the owner, architect and/or engineer, and contractor. Additionally, general conditions representing common construction practices are included in the contract. Naturally, construction contract documents separate out the responsibilities of the parties.

ROAD DESIGN IN SUBDIVISIONS

Subdivision plats are required to set forth the layout for the streets in the subdivision. The streets may be public or they may be private roads. If the streets are public, the subdivision plat must determine whether they will form a grid pattern or a hierarchical system that is dependent upon a loop road, whether there will be one or multiple connections from the subdivision to the existing streets, or whether there will be cross-connections to adjacent subdivisions.