News and Events for Attorneys and Executives

Construction

Defend, Indemnify, Hold Harmless – What This Contract Language Means for A/E Professionals

Insight
J. Brandon Sieg of Vandeventer Black LLP addresses the question of what is meant when a contract requires an architect or engineer to “defend, indemnify, and hold harmless” the project owner for specific (or not so specific) types of claims that might arise in the future.

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The Importance of Attention to Risk Allocation Provisions in Contracts

Insight
A recent Indiana Court of Appeals decision illustrates the importance of having an overall risk allocation strategy in contracts where appropriate, and paying close attention to the language used to express that strategy, writes Christian Jones of Barnes & Thornburg.

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A Case Against One-Size-Fits-All Construction Contracts

A Case Against One-Size-Fits-All Construction Contracts

Insight
Without careful thought and modification to standard forms, developers can find themselves in a difficult position in a delayed and over-budget project, according to a King & Spalding article.

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How to Build a Solid Contractual Risk-Transfer Program

How to Build a Solid Contractual Risk-Transfer Program

Insight
Without a properly structured risk-transfer program, a general contracto, owner or property manager could assume financial responsibility unnecessarily for losses caused by a third party, warns Tommy Williams, USI Uniondale vice president.

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Farrell Fritz Welcomes Jay Sawczak, Construction Law Associate

News
Jay Sawczak has joined Farrell Fritz’ commercial litigation practice group as an associate. He concentrates his practice in construction law.

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Business With a Friend: Lessons from a Liftboat Contract

Insight
Charles Sartain, a partner in Gray Reed, uses a recent 5th Circuit ruling on a liftboat construction contract to illustrate his advice on how to administer and perform a contract, especially one with a friend.

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Construction Contracts, Third Party Claims and Tort Law Liability

Insight
Carl R. Pebworth, a partner in Faegre Baker Daniels, asks and answers the question: What tort obligations does a design professional on a construction project owe to non-parties – like, for example, the persons who will use what has been designed after it is built?

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2017 AIA Contract Documents Update

Insight
Cozen O’Connor has published an update that reviews the new construction contract documents adopted by the American Institute of Architects (AIA).

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Fast and (Sometimes) Furious: Acceleration and Compensability in Construction Contracts

Fast and (Sometimes) Furious: Acceleration and Compensability in Construction Contracts

Insight
A major consideration in acceleration clauses is whether the contractor is getting for the speed up in work, writes Brian L. Lynch for Faegre Baker Daniels.

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Liquidated Damage Provisions – A Good Idea or an Unenforceable Penalty?

Insight
A post by Joshua M. Pellant of Faegre Baker Daniels discusses the use of  a provision for a stipulated or “liquidated” damage amount in the event of specified contract breaches in construction contracts.

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Construction Contracts and Arbitration Provisions: Is the Word “May” Mandatory? Maybe!

Insight
the Supreme Court of Virginia held that the parties’ use of the word “may” in the dispute resolution provisions of their construction contract required mandatory participation in arbitration at the election of one of the parties.

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Should I Have an Arbitration Clause in My Construction Contract?

Insight
Paul W. Norris of Stark & Stark writes there are numerous factors to consider in determining whether mandatory arbitration is the preferred dispute resolution mechanism, or whether the state court system is preferred.

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Unsigned Contract = No Proper Insurance Coverage

Insight
Commonsense Construction Law reports on a case in which an unsigned contract meant that the contractual liability exclusion in the subcontractor’s insurance policy would control.

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The Dumbest Class Action Claim Ever

The Dumbest Class Action Claim Ever

News
The Milwaukee Journal Sentinel reports on a pair of class-action lawsuits against Home Depot and Menards that Above the Law calls “the dumbest class action claim ever.”

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Foley Adds Construction Attorney Lisa Glahn in Boston

News
Lisa Glahn has joined Foley & Lardner LLP’s Construction Practice as a partner in the Boston office.

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Webinar: Avoiding Construction Claims and Disputes

On-Demand
A Baker Tilly on-demand webinar provides an overview of strategies to identify potential claims scenarios and potential resolutions available to mitigate claims.

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Construction Contracts: Allowance or Contingency?

Insight
Randolph E. Ruff and Jonathan M. Mraunac of Ogletree Deakins explain the differences between contract allowances and contingencies, how they are used, and how they can be drafted.

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AIA Releases 2017 Construction and Design Agreements

AIA Releases 2017 Construction and Design Agreements

Insight
The American Institute of Architects has released several revised documents including the primary agreements between the owner and contractor and the owner and architect, reports Dickinson Wright PLLC.

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The Beneficiaries of ‘Pay-if-Paid’ Clauses in Construction Contracts

Insight
In construction law, general contractors have largely negotiated a shift in the distribution of risk away from the general contractor and to the subcontractor with the inclusion of “pay-if-paid” contractual clauses,”according to Shutts & Bowen’s Construction Law Blog.

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Mitigation of Construction Defect Litigation – Top 10 Construction Contract Issues

Mitigation of Construction Defect Litigation – Top 10 Construction Contract Issues

Insight
A construction contract will need to be reviewed thoroughly and revised to better protect the owner, and in the case of residential construction, should in particular, address 10 key issues, advises Rebecca W. Dow in Holland & Hart’s Construction Law Blog.

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