owner big picture repair legal issues

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Page 1: Owner Big Picture Repair Legal Issues

Class Slides 2004

Repair/Renovation of BuildingsOwner Issues

Instructor-Robert P Hall Jr, Esq.UC Berkeley Extension

Class Handout Slides (2004)Presented by RPHall, Esq.

Page 2: Owner Big Picture Repair Legal Issues

Typical Owner Expectations

• The proposed repair/renovation project meets performance and aesthetic expectations. For example, new roof does not leak for a reasonable period of time

• Work called for under contract documents complied with plans, designs and applicable code and industry standards

• All subcontractor’s and suppliers were paid at the end of the repair project or a “lien free” job

• Work completed “on time and on budget”

Page 3: Owner Big Picture Repair Legal Issues

Owner “Responsibilities”

• Decide on scope of work corresponding to owner’s budget

• Establish quality control requirements for the work

• Decide on level of involvement of the design team, if applicable

• Make timely payments pursuant to contract requirements

• Timely respond to design or field problems that arise during the performance of the work

Page 4: Owner Big Picture Repair Legal Issues

Owner’s Liability

• Potentially liable for contract price if unpaid without legal excuse

• Potentially liable for lost profits or overhead if owner improperly discharges contractor during progress of the work

• Possibly liable for delay damages imposed on the contractor if the owner unreasonably delays completion of contract