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Find Out All You Need to Know About Construction Worker

Find Out All You Need to Know About Construction Worker

What is a Construction Worker?
A construction worker is an individual employed in the construction industry; a construction worker will perform various physical roles on construction sites. The term “construction worker” is somewhat broad and will incorporate general construction workers, such as members of specialist trades such as carpenters, plumbers and electricians. As a result of this incorporation, a construction worker will encompass a number of laborers who are engaged in physical work or the construction of a tangible building or site.

Types of Construction Workers:
Within the field of construction includes specific roles that will incorporate a specialty aligned with the construction of a building. For example, when building a house, apartment or factory, numerous aspects of the creation must be accounted for. To properly build the structure, a construction company will utilize the following types of construction workers: 
A tradesman or a bricklayer is a fundamental type of construction worker; these individuals lay brick and construct brickwork. The term also incorporates those individuals who use blocks to construct walls and other forms of masonry. 
A construction worker can also be a carpenter, who is a skilled craftsman who performs a wide range of woodworking that includes constructing furniture, constructing buildings and other objects that are made of wood. This field of work will involve significant manual labor and outdoor work.
A carpet layer is another type of construction worker; these individuals specialize in laying flooring and carpets. 
A concrete finisher is a type of tradesmen who works with concrete. This role includes placing, fishing, repairing concrete in construction projects and protecting the structure.
A heavy equipment operator is a fundamental type of construction worker who drives and operates heavy equipment on the site. A heavy equipment operator will use various capital and heavy equipment to construct and engineer various projects.
A heating and cooling specialist is also required during the construction of a project. Healing and cooling specialists are types of tradesmen that specialize in water pumps and furnaces. 
An electrician is another type of construction worker; these tradesmen specialize in electrical wiring of buildings and other related equipment. An electrician may be employed in the construction of new buildings or the maintenance of existing infrastructure. 
Laborers are types of tradesmen who are proficient with hand tools, small heavy equipment, air tools and assisting other trades.
Plumbers are also incorporated with construction projects; a plumber is a type of tradesman who specializes in installing and maintaining systems used for heating, drainage, plumbing, potable water or small-sized industrial process plant piping. 
A pipefitter is someone who assembles, lays out, fabricates, maintains and repairs large-sized piping systems for industrial projects—these pipes are typically under high pressure and require various metals, such as stainless steel, carbon steel and other alloys. 
The last type of basic construction worker is a steel erector; these individuals are tradesman will install structural steel frames of building and engineering projects. This type of work is executed in small teams; each individual will use powered and hand tools to bolt the steelwork together. 

Oral Contract Vs Implied Contract?

Oral Contract Vs Implied Contract?

According to contract law, an oral contract is not considered an implied contract. An oral contract is an agreement that is agreed upon only by spoken communication. Although an oral contract originates from the mouth, it is common for a written contract to be created after the oral contract is stated.
In contract law, oral contracts are considered just as valid as written contracts. Some jurisdictions require that a contract be written up after an oral contract is made. Within this type of circumstance, the document must state that the original agreement was created verbally. 
An implied contract is an agreement that is not generally agreed upon. Instead, it is something that is more assumed to be followed. An example of this type of contract would be an employment contract where the employer does not specify hours but does specify the total amount of time required to be worked. 

What You Need to Know About Contract Templates

What You Need to Know About Contract Templates

Contract templates are used by many companies so that the company only has to have a contract drafted and examined by a lawyer or legal professional a single time. If the contract template is examined and declared to be legally valid and capable of standing up to close inspection or in a court of law, the contract template may then be used to create future contracts in as effective and efficient manner as possible in terms of both the time and money that is required to create a contract between different and additional groups. 
However, since a contract template may make use of boilerplate language, there is a danger that if the contract templates do not make the contract template’s terms easily accessible and comprehensible, the contract template may not be considered valid and might result in a party that disputes a contract that develops from the contract template. 
Contract templates are available for almost any conceivable contractual situation. A contract template may be produced by specific corporate contract software programs, or a contract template may also be used to create contracts from other templates in other, commonly available software programs and products.

Contract Law Defined

Contract Law Defined

Contract law is defined as the body of law that governs oral and written contracts.  Included in contract law are topics on the nature of contracts, limitation of actions, breach of contract, termination of contract, and many more.  Put simply, contract law deals with the legal issues surrounding the formation, duration, breaching, or termination of contracts.  
For example, the Uniform Commercial Code is used in contract law to harmonize the law of sales and commercial interactions in the United States.  This Code is used in almost every state and is considered the standard in most states regarding laws on the sale of goods.  The Uniform Commercial Code is a long-standing act in contract law, a collaboration between the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute.


Breach of Contract
One of the most prevalent subjects in contract law is the idea of a breach of contract. A breach of contract is a legal concept characterized by one or more parties failing to honor the provisions stated in a contract.  For example, if an employee signs a non-compete agreement with an employer and begins his or her own company after being fired, he or she can be sued for breaching the contract.  Breaches of contract come in four main types:

Minor Breach
A minor breach of contract, also referred to as an immaterial breach, occurs when the non-breaching company is entitled only to compensatory damages.  

Material Breach
Unlike a minor breach, a material breach allows the non-breaching party to collect damages and a court-obligated performance of conditions stated in the contract.

Fundamental Breach
A fundamental breach, also referred to as an anticipatory repudiation, is a breach of contract so tangible that it may allow the non-breaching party to terminate the contract.  The party is then entitled to also sue for damages.


Anticipatory Breach
An anticipatory breach, also known as anticipatory repudiation, is when one party indicates that it will be unable to perform as the contract states, or that future non-performance is unavoidable.  In this case, the anticipatory breach may be treated as an actual breach and the non-breaching party can then sue for damages.
Avoiding a breach of contract is important for many different reasons.  For example, breaching a contract can lead to legal fees, a damaged business reputation, and damages.  These damages may include:

Compensatory damages
Compensatory damages are damages used to compensate for losses in order to bring the non-breaching party back to the position before the breach.


Nominal damages

Nominal damages are awarded when a breach occurs with no measureable financial loss.

Punitive damages
Punitive damages are made to the non-breaching party whose payment can extend beyond the financial losses of the breach.  They are meant to punish “wrongful acts” and are not specially aimed to remedy breaches of contract law.

Liquidated damages
Liquidated damages are identified by parties in the contract itself.
In addition to damages, a breach of contract may also bring specific performance or cancellation and restitution.  In specific performance, the court orders that the breaching party perform duties written into the contract.  In cancellation and restitution, the non-breaching party receives damages and is entitled to cancel the contract, voiding its terms.

Enforcing a Contract

To collect these remedies for breaches of contract, parties usually turn to small claims court.  However, going to small claims court can cost a significant amount of time and money in court appearances and court fees.  Many times, the parties will choose to go in another direction.  In these cases, a dispute may be brought to mediation or arbitration. 

Lawsuit
In most cases, the non-breaching party will sue for damages in small claims court.  A lawsuit can result in a number of remedies for the breached contract, including damages, specific performance, and cancellation and restitution.  A lawsuit can provide damages that will provide the non-breaching company with remedy for the breached contract, especially if it is measurable by the court.

Mediation
Mediation involves both parties working with a mediator to find ways to resolve the contract dispute.  A mediator is responsible for finding a solution that works for both parties.  Mediation allows the parties to minimize risk and control costs.  

Arbitration
Arbitration is similar to mediation in that there is a third party reviewing the dispute.  However, since arbitration is mandatory and legally binding (most of the time), many people will choose to undergo mediation instead of arbitration.

Contract vs. Agreement

Contract vs. Agreement

The essential differences between a contract and an agreement are minor. In essence, a contract’s outline is more formal and more rigidly presented than the terms outlined in an agreement.
A contract is a legally binding agreement reached between two parties, the terms of which the courts have the authority and obligation to enforce. An agreement is a less formal creation of an obligation between the two parties.
An agreement usually lacks one or more of the essential elements that are required to be present in order to form a valid contract that will be considered legally enforceable by a court of law.
Contracts outline the terms of the relationship that should be formed between the two parties to the contract. An agreement also outlines the terms of the relationship between the two. However, the difference is that the contract’s outline is far more rigid than that of a contract.
The essential difference between an agreement and a contract is that typically an agreement will only modify a contract that is already in place but does not place an obligation on either one of the parties to provide consideration to the other party, which a contract requires. A contract can involve the exchange of promises between the parties to the contract, while an agreement may simply involve one party accepting the offer from another party.

Using A Contract Termination Letter

Using A Contract Termination Letter

A contract termination letter template may be used by a company in order to ensure that they terminate any contract in which they are currently in a method that will completely avoid further complications which can cause further disputes.
A contract termination letter template can be created to create an employment contract termination letter, a business contract termination letter, or a construction contract termination letter. These three contract termination letter types are the most common, which means that one of these three contract termination letter templates is most likely to be encountered or needed.
The essential elements to include in a contract termination letter are the names and specifications that can be used to identify the party to the contract who is receiving the contract termination letter. The contract termination letter should contain an opportunity to refer to the terms and conditions that were present in the original contract that empowers the party to terminate the contract.
If the contract termination letter involves a contract that requires the party breaking to contract to provide monetary compensation for breaking the contract, it is essential that the contract termination letter mentions how the payment will be provided.
A contract termination letter must include the code under which the individual gains the authorization to terminate the contract. This restriction primarily applies to a contract termination letter provided by a company to an employee. 
A contract termination letter should be completely professional.

Simple Guide to Verbal Contracts

Simple Guide to Verbal Contracts

In the
United States, verbal contracts will usually refer to unwritten or oral
contracts. An unwritten contract will usually mean that the contract or
agreement was made through the use of spoken words as opposed to formally
writing and entering into record the provisions of said contract.

The United
States has laws that will recognize verbal contracts in a court of law and
enforce the agreed upon provisions in the case of a dispute. However, because
verbal contracts are oftentimes unwritten contracts, there will be inherent
problems involved in a legal dispute surrounding verbal contracts.

The most
common issue which arises is that verbal contracts are extremely hard to prove
to have ever actually occurred in the first place. Evidence such as witnesses
and an overall preponderance of evidence will be necessary to prove that a
party violated verbal contracts. Therefore, it can be deemed that unwritten
contracts, as opposed to formally written contracts, are not weighed as heavily
or given the same legal merit in a court of law due to the lack of actual
physical evidence of the contract.

Privity of Contract Explained

Privity of Contract Explained

Privity of contract is a legal
doctrine that holds that a business contract, along with any other type of
contract, may not confer rights or impose obligations to any person or agent
except for the specific parties that have formed the contract.

Privity of contract is most
commonly an issue which arises during business contracts that have been formed
to allow for the sale of goods or services. Horizontal privity of contract
becomes an issue when the benefits bestowed by a contract are given to a third
party or a party that was not a part of the original contract. Vertical privity
of contract involves an independent contract that develops between one signer
of the original contract and another individual or other legal entity.

There are certain circumstances
under which privity of contract may be set aside which will allow the legal
entity who is not directly a part of the business contract to be allowed to sue
to force a party to the original contract to uphold their obligations. Privity
of contract will only allow a third party to the contract to go against one of
the original parties to the contract beyond the ability to collect the third
party’s entitlement to a benefit under the contract.

Important Facts About Breach of Contract

Important Facts About Breach of Contract

What is a Breach of Contract?
A breach of contract occurs when a party, who agreed to formulate a contractual obligation with another party, does not carry out the intended function of the contract. As a result, a breach of contract is a legal cause of action where the binding agreement latent in the contract, is not honored by one or more of the parties to the contract. 
A breach of contract can result in an individual not carrying-out a specific performance that was expected by the contract or by interfering with the other party’s ability to perform the task. 
If a party, who agreed to formulate a contract with another party, does not fulfill his or her contractual promise or has given information to the other party that he or she will not perform his expected duty as labeled in the contract, the party is said to have performed a breach of contract. In addition, if the individual is unable to perform the obligations latent in the contract for whatever reason, a breach of contract is present. 

Types of Breaches:
Minor Breach of Contract: A minor breach of contract constitutes a party’s inability to perform the full task expected by the contract; a minor breach of contract is referred to as an immaterial or partial breach of contract. In these instances, the non-breaching party cannot sue for specific performance, and can only seek legal action for actual damages sustained. 
Material Breach of Contract: A material breach of contract is realized through any failure to perform, which ultimately permits the other party to the contract to collect damages because of the breach or compel performance. 
Fundamental Breach of Contract: A fundamental breach of contract is a breach that permits the aggrieved party to terminate performance of the formulated contract. In these scenarios, the non-breaching party is entitled to sue the breaching party for damages sustained. 
Anticipatory Breach of Contract: A breach of contract through anticipatory repudiation is an unequivocal indication that the party refuses to undertake the project or deliver performance as stipulated in the contract. Included in this type of breach, is a situation where a future non-performance is inevitable. This type of breach of contract allows the non-breaching party the option to treat the breach as immediate, which ultimately allows them to terminate the contract and sue for damages, without waiting for the actual breach to take place. 

Remedies of a Breach of Contract:

In most instances, the judicial remedy for a breach of contract is the delivery of monetary compensation for damages incurred. If the failure to perform or satisfy the contractual obligation cannot be redressed through monetary compensation, the underlying court may enter an equity decree, which will award an injunction or the delivery of a specific performance. 
The aggrieved person possesses the obligation to mitigate damages through reasonable means. In the United States, under contract law, punitive damages are typically not awarded for a breach of contract but may be awarded for other causes of action in a lawsuit. 

Deed Poll

Deed Poll

A deed poll is a type of legal document that only involves a single person or party, and which states a particular intention that such a person is bound to by the document itself. A deed poll itself is not a contract due to the fact that only one party is affected by such a legal document and it states only an intention, rather than a guarantee or promise. This kind of document is oftentimes referred to as a deed poll name change because it is very commonly used in order to enact a name change for an individual. 
Change name by deed poll is most commonly used in Europe, particularly in England, Ireland, and Northern Ireland. Other nations such as Hong Kong and New Zealand also use the deed poll name change.
Typically speaking, to change name by deed poll will require that a person complete a form, which must be signed by a witness. The form is then filed with the appropriate court. In many jurisdictions, deed poll name change may be considered as a legal name change, though change name by deed poll may not necessarily change a person’s name on the birth certificate. 
Therefore, in the case that a passport is to be obtained, for instance, both the birth certificate and the change name by deed poll document will need to be furnished in order to complete the passport requirements.

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