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Construction Law
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

2-5 Construction Law 5.syn


Owner's Duties and Responsibilities


Steven G.M. Stein

Chapter Summary


In addition to obtaining a contract and paying the contractor, an owner has certain duties and responsibilities that must be fulfilled. Recognition that the contractor and the owner have a mutual interest in the satisfaction of the owner's obligations has pushed the industry trend away from the traditional notion that the relationship between owner and contractor must be adversarial. Today, owners who recognize their practical exposures and work together with designers and builders to control or minimize the risks of their undertaking are likely to achieve a financially successful outcome.

This chapter from Construction Law analyzes the duties and responsibilities of an owner in a construction project. This chapter covers pragmatic responsibilities of the owner, including economic considerations concerning the financial viability of the project, as well as the legal requisites to execution of the project. It also discusses owner involvement in the selection of the participants contributing to the project, such as the designer, builder, and special suppliers.

This chapter examines the owner's design-related duties and obligations to the architect/engineer as well as the owner's obligations and duties to contractors and construction workers. Similarly, it discusses the owner's duties to third parties, including duties to third parties concerning bonds and duties, obligations to sureties, and obligations to adjacent landowners.

Construction Law is a comprehensive, authoritative 8-volume treatise that provides expert guidance on handling every aspect of the construction process, from the initial bid, to drafting and performance of the contract, to subsequent claims, disputes, and litigation.


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See Chapter 5A for information on the duties and responsibilities of architects.

See Chapter 5B for information on the rights and duties of contractors and construction managers.


See Financial Management and Accounting for the Construction Industry (Matthew Bender) for expert coverage of vital industry topics, including income recognition, planning for income taxes, and preparing bids and estimates.

See Premises Liability Law and Practice (Matthew Bender) for valuable practice material used to handle every phase of cases involving the liability of property owners, landlords, government entities, and employers.

See Larson's Workers' Compensation Law (Matthew Bender) for comprehensive, authoritative analysis of substantive workers' compensation law.

See Occupational Injuries and Illnesses (Matthew Bender) for authoritative medical analysis to prove, refute, or prevent allegations of occupational injury and illness, along with helpful practice aids such as medical illustrations, bibliographic references, medico/legal case annotations, a comprehensive index, and cross references.

For related discussion and forms regarding building contracts in California, see California Forms of Pleading & Practice (Matthew Bender), Ch. 104, Building Contracts.
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