Legal Question in Business Law in Ohio

Tamsyn is a promoter for Akers Inc., which is in the process of being formed. Tamsyn makes a contract with Lyle to rent warehouse space for Akers. Once Akers is formed, the board decides to buy a warehouse instead of renting. Who is liable to Lyle?


Asked on 8/16/15, 12:23 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Concerned: What are the specific terms of the contrct or letter of intent?

For more than 40 years, I�ve served Clients in Real Estate Purchases, Sales, Development, Business, Bids, Bonding, Insurance, Contracts, Construction, Construction Management, Claims, Delay, Collections, Contractors, Subcontractors, and Suppliers. I've provided a broad range of professional legal services for Clients including, also: Consultation, Risk Management, Litigation Support, and Expert Witness Services.

In any business and, particularly in construction projects, important considerations are the specifics of terms to provide for the �what-ifs� in any eventuality, leaving little doubt about the true intent of the parties. Here�s a sample checklist for your notebook.

CONSTRUCTION PROJECTS - BASIC TERMS

1. Parties, Site, Project, Definitions

2. Drawings and Specifications

3. Site Specific Conditions; Tests, Borings

4. Contract Price, Incentives

5. Payment, Applications, Approvals, Provisions

6. Contract Time, Extensions, Compensation

7. No-Damages-for-Delay Clauses

8. Changes, Change Order Provisions

9. Termination for Convenience and �For Cause� Provisions

10. Scheduling Provisions

11. Bonds, Insurance Provisions

12. Right to Withhold Payment

13. Commencement of Construction

14. Notice of Commencement

15. Notice of Furnishing

16. Performance Provisions

17. Mechanic's Liens

18. Liquidated Damage Provisions

19. Punch Listing, Repairs

20. Guarantees, Warrantees

21. Equipment Manuals

22 Completion, Occupancy, Final Payment(s)

23. Tenant Spaces; Remodeling, Renovation

24. Claims, Damages

* * *

Good luck! Sincerely, J. Norman Stark

***

�WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE�

J. NORMAN STARK, ATTORNEY*

ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.

1109 Carnegie Avenue Cleveland, Ohio 44115

(216) 531-5310 x7100 Email: [email protected]

*Author: The Construction Claims Investigation Worklist�

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Answered on 8/16/15, 1:15 pm


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