Causes of Action
Project Delivery Systems
Clauses you find in the AIA A 201
Lien Law
Defenses
100

The Contractor didn’t not complete the scope of work as listed in the contract

Breach of Contract

100

The Owner hired the Architect who prepared the drawings used for bidding.

Design-bid-build

100

If the Contractor encounters conditions at the site that are
1. subsurface or otherwise concealed physical conditions that differ materially….

Unforseen conditions

100

A subcontractor must serve the owner with this document  45 days after first furnishing labor, material and services.

Notice to Owner

100

When the plaintiff has a percentage of liability. 

Contribution

200

The government knowlingly provided the contractor with an old geotechnical report

Misreprentation or Fraud

200

The Contractor will hire the Architect

Design Build

200

The Owner may terminate the Contract if the Contractor
1. repeatedly refused or fails to supply enough labor
2. fails to make payment to the Subcontractors

Termination for Cause

200

The contractor must serve the owner with this affidavit at least 5 days prior to enforcing its lien

Final contractor's affidavit.

200

When the owner replaces the defective construction with something more expensive.

Betterment

300

The unit owner sued the architect because the soffitt fell on her head

Negligence

300

The Owner hires the site contractor, the shell contractor and the roofer and the Owner coordinates the work.

Multi Prime or Fast Track

300

To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the Owner……

Indemnification clause

300

A lienor must record a lien this amount of days after final furnishing labor, materials and services.

90 days

300

The architect is not responsible for the costs of items left out of its original design since the owner should always be responsible for that cost based on the cost of that item if that item were included in the original design.

First Cost

400

The Florida Building Code required the tin tags on the roof to be spaced no more than 10 inches apart, the roofer spaced them 15 inches apart.

Failure to comply with Building Code

400

This Contractor will not self perform any work but will hire and supervise the contractors.

Construction Manager at Risk

400

The contractor warrants to the Owner and Architect that materials and equipment furnished will be good quality

Warranty Clause

400

The Owner must record this document prior to starting work.

Notice of Commencement

400

When the other party breached the contract first

First Defense

500

The HVAC system stopped working just 100 days after installation.

Warranty either express or implied.

500

The Government looks for private funding to build the project.

Public Private Partnership

500

The Owner may make changes in the work...

Change Order Clause

500

This document when served upon a lienor gives the lienor 60 days to enforce its lien.

Notice of Contest of Lien

500
Defendant is entitled to offset the amount that Plaintiff owes to defendant

Set-Off