Constructions defects go to the root of the development agreement or contract. The terms and conditions of such a contractual relationship are enunciated in the contract and therefore parties are legible for compensation in case of a breach.
In this regard, there are various remedies that you can seek in court, and the prime ones are enlisted as follows;
Damages are categorized into compensatory damages, nominal damages, and liquidated damages. Compensatory damages are common damages that are awarded to victims of a breach of contract from the party that caused the breach. Nominal damages are awarded when the injury suffered is minimal and thereby attracting a small cash sum as compensation. Compensatory damages are agreed upon and elucidated in a contract and in this regard, the court does not have to calculate the amount payable to the injured party. In construction claims, you can seek compensatory claims or liquidated damages depending on the circumstances of your cases.
This type of remedy is premised on the performance of contractual obligations rather than monetary compensation. Here, the courts come in to compel the party in breach of contract to perform certain terms and conditions of the contract. Mostly, specific performance is suitable in times when monetary compensation is inappropriate or inadequate. For example, if a party in a construction claim refuses to fix stucco defects the owner of the building can move to court to and seek specific performance and thereby compel the engineer to expedite reconstructing.
An injunction is an equitable remedy whereby a party in breach of a contact can be required to do something or conversely stopped from further action. Mandatory injunctions, interlocutory injunctions, and prohibitory injunctions are examples of injunctions that are usually granted to the person that has suffered or is likely to suffer from the actions of a defendant. Mandatory injunctions are opportune in construction defects claims where a party needs to absolve himself from further costs and expenses regarding the defect.
In light of the foregoing remedies, it is discernable that the most viable remedies in construction defects cases are damages and specific performance. Compensatory damages are sufficient in compensating victims of such professional negligence. On the other hand, specific performance ensures that the aim of the contract is reached and that all parties are compliant with their duties and obligations.… Read More
Most people nowadays prefer to shop online due to the many benefits that it offers. Convenience, better prices, and a wide variety are just some of the benefits that you stand to gain by shopping online. However, not all online shopping experiences will be smooth.
To tips to use when shopping online
There are a couple of things that you need to watch out for when shopping online. Below are a few tips which can help you ensure that you enjoy your shopping experience.
Check the security on the online store
Reading the reviews of previous customers can give you an insight on what to expect from a particular online store, or from the product that you wish to buy. Positive reviews mean that you are likely to enjoy the online shopping experience. Make sure that the reviews you check are independent if you wish to get a true image.
Avoid using public Wi-Fi
Nowadays, you can get access to public Wi-Fi in nearly all public places, including hotels and coffee shops. It is quite tempting to use such internet connections to do your shopping, in a bid to save on your data plan. However, you should avoid this as it comes with many risks. You can easily be hacked by a third party, who is on the same network as you. The privacy of your personal information will also not be guaranteed.
Stay away from unrealistic offers
Online shops may have some offers that can be quite enticing. Such offers can help you save a significant amount of money from your shopping budget. However, some offers are usually too good, that they sound unrealistic. Unless you have a way of ascertaining the validity of the offers, you should stay away from such offers as most of the time they are usually scams. Such offers are usually more during the holiday seasons, meaning that you need to be more vigilant during such times.… Read More
Good health is one of the basic human needs. With good health, you will be able to do your normal daily activities and other things that form your lifestyle. Having good health should not be taken for granted. There are high possibilities of getting a disease or illness if you do not take all the proper measures to improve or maintain your health.
Top tips on maintaining good health
There are a number of things, which you should do to ensure that you maintain good health. Some of them are basic and should be done by everybody, irrespective of age or gender. Below are a few of the main tips.
Eat healthy foods
You should ensure that you always consume a healthy and balanced diet. That means eating foods that are organic and have been prepared well. The diet should consist of all essential nutrients and minerals, insufficient quantities. The cells responsible for fighting off diseases and illnesses will work better if they get sufficient amounts of nutrients and oxygen. Stay away from junk foods, including fast foods and confectionery. This is because they contain bad fats and processed sugar respectively, which can affect your health negatively. Take lots of water throughout the day as well to ensure that your body remains well hydrated all the time.
It is quite common to be stressed every occasionally. The stress can easily affect your mental health, which in turn also affects your physical health. You need to ensure that you deal with stress effectively, and as soon as possible. Use techniques that are safe and productive to get the best results. If the stress is too overwhelming, you can seek help from a professional.
The health benefits of exercise are quite many. Any type of physical activity that you engage in can work towards keeping you healthy, as long as it is done correctly and on a regular basis. Among the main health benefits of exercising is weight control. You can shed off excess weight, reducing the chances of getting the many health complications associated with being overweight. Exercising also gets you physically fit and strong.
Improve your lifestyle
Your behavior and habits have an influence on your health. How you conduct yourself on normal occasions should not pose any threat to your health. For example, you should avoid drinking too much alcohol or smoking tobacco. Also, make sure that you get enough sleep every day.… Read More