Is indemnity language which is put into a Notice To Proceed, binding? The notice was being used prior to a formal contract. The owner now wants to omit the indemnification from the contract.
Construction Contract – Article Interpretation
What does the following mean in layman’s terms (especially the 2nd sentence)? Taken from the Schedule provision of construction contract. I am ‘Subcontractor’; big bad General Contractor is ‘Contractor.’
”If Subcontractor should default in performance of the work or otherwise commit any act which causes delay to the prime contract work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default. Except to the extent Contractor or Subcontractor are liable to any third parties for liquidated damages or consequential damages, and have a right of contribution or indemnification by the other by way of law or contract for which each shall remain responsible, Contractor and Subcontractor waive claims against each other for consequential damages or liquidated damages arising out of or relating to this Subcontract.”
I am hoping for some advice here
My husband and I purchased a new home approx 1.5 years ago. The home was done through a VA loan and was inspected by a VA inspector. A week after moving in, we noticed our basement walls were crumbling on all five walls. It was crumblin so bad that you could stick your hand through it. It was also doing the same thing on the outside basement walls. Six months or so after moving in, we were contacted by the home builder to do a customer satisfaction survey. My husband explained the problem, and they had someone out to take a look approx one week later. They were in and out of our house with different people for about a month. They had the concrete company come out and “sand” the wall down. They then applied some sort of “coat” over it. Well, that did not work and the walls were doing the same thing a week later.
After that happened, we met with the owner of the Home builders company and a few other “higher Ups”. The explained how bad they felt about what happened and gave us two options:
1. They would try and “fix it”. Which of course would bring down the value of our home.
2. The concrete company would buy our damaged house. The builder would build us a new house and GUARANTEE financing for us.
We sold the house back to the concrete company and had the builder start our new home. When it came down to closing, we could not finance the home to due the downfall in the housing/mortage market. Even though are credit is just as it was when we purchased the first home. The concrete company did a land contract and we are coming to the end of that contract at the end of November. Unfortunatly we still cannot find a lender.
I feel like we are getting burned in thsi process and have been since the begining. If you could point me in the right direction, we would really appreciate it.
can a general power of attorney holder authorised by a joint venture company authorise third person to be general power of attorney on behalf of hom