Owner's Selection of Architect and Contractor

Among the owner's chief concerns to ensure the successful completion of a construction project is the selection of the project's architect and general contractor. Without such key personnel in place the project would never get off the ground. Further, ensuring the quality of workmanship on the project starts with the architect's design of the plans and specifications and carries forward through the actual construction process under the auspices of the contractor.

Role of a Construction Manager

A construction manager (CM) plays a pivotal role on a construction project by coordinating and supervising the construction process from the initial development to final construction. The CM manages people, materials, and equipment in the execution of the project plans and is responsible for keeping the project on budget. Additionally, he keeps all schedules and contracts and works to ensure the safety of the public and the employees on the job site.

Negotiation of Private Construction Contract

The competitive bidding process is not the only means by which construction contracts can be entered into. Sometimes, it is not a matter of choosing which contractor will perform the construction, but rather merely the particulars surrounding a project that will be performed by an already designated contractor. The negotiation of a private construction contract encompasses everything from what work will be performed at what price to when the construction will begin and end.

Architect's Liability for a Worker's Injuries

When a worker is injured on a construction project, he may look to the project's architect for damages. The architect's role as the designer of the project and creator of the project's plans will form the basis for liability if the worker's injury results from the architect's negligence in drawing up the plans. When the architect serves as a supervisor on the project, an injured worker may seek compensation for an injury based on the architect's failure to maintain a safe working environment.

Anticipatory Breach of Construction Contract

After a construction contract has been entered into, but prior to the time for performance thereunder, a party may positively declare his intention not to fulfill his contractual obligations. This "anticipatory breach" can occur either through the party's express declaration or it can be implied through the party's conduct. If anticipatory breach occurs by implication, the breaching party's conduct must be unequivocal in the intention not to perform.