Implied Obligations in Construction and Design Contracts

• Overview
• OnDemand Credit

Overview
When parties enter into construction or design contracts, there may be numerous implied obligations that arise under law or in equity. These implied obligations should be carefully considered by owners, design professionals and contractors. These implied obligations apply to most construction and design contracts unless a specific contractual provision is provided in the contract that supersedes each implied obligation. During this OnDemand Webinar 12 implied obligations will be discussed.

Learning Objectives
• You will be able to explain warranty of workmanship.
• You will be able to point out duty of good faith and fair dealing.
• You will be able to summarize construction according to the plans and specifications.
• You will be able to describe UCC warranty of merchantability.

Authors
Robert J. “Mike” Cathcart, Esq., Bryan C. Jackson, Allen Matkins Leck Gamble Mallory & Natsis LLP

Self Study Credit - OnDemand Webinar

Agenda

1. Implied Warranty of Plans and Specifications
2. The Implied Duty of Good Faith and Fair Dealing
3. The Implied Duty to Share Material Information
4. The Implied Duty to Provide Access, Duty to Coordinate and Duty to Not Interfere
5. The Implied Warranty of Fitness for a Particular Purpose or Habitability
6. Implied Warranty of Workmanship
7. Implied UCC Warranty of Merchantability
8. Implied UCC Warranty of Fitness for a Particular Purpose
9. Implied Standard of Care
10. Implied Duty to Construct According to the Plans and Specifications
11. Implied Duty to Construct According to Legal Requirements Such as Building Codes, Ordinances, Consent Decrees and Regulations
12. Implied Duty to Complete the Work or Services in a Reasonable Time and for a Reasonable Price