News and Events for Attorneys and Executives

Construction

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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Clear Arbitration Provision Deemed Enforceable

Insight
In his Petes’ Take blog for Porzio, Bromberg & Newman, Peter J. Gallagher describes a New Jersey case in which a court ruled that a clear arbitration provision, negotiated by a sophisticated party while represented by counsel, is enforceable.

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Drafting Arbitration Clauses in Construction Contracts

Insight
Patricia H. Thompson discusses the question: Should an arbitration clause be just a boilerplate provision, taken “off the shelf,” or should it be specifically negotiated and crafted for the particular construction project and to accommodate the parties’ requirements?

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How Do Additional Insured Obligations Work with Subcontract Flow-Down Clauses?

Insight
In his Commonsense Construction Law blog, Stan Martin asks the question “How do additional insured obligations work with subcontract flow-down clauses.” And he answers it with one word: “They don’t.”

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Contract Barred Recovery of Lost Productivity Damages Suffered by Contractor

Contract Barred Recovery of Lost Productivity Damages Suffered by Contractor

Insight
It is critical that the parties consider and properly allocate the risk of such delays and the potential resulting costs in the contract documents, advises Robinson+Cole.

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When Construction Contracts Go Sideways in Bankruptcy

Insight
When a contractor on a project files a bankruptcy case, the property owner and subcontractors have some serious decisions to make, writes Tracy Green in the California Construction Law Blog.

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The Importance of Clear Contract Terms

Insight
Care in contract drafting is a valuable way to avoid disputes, writes Michael Wilson in Greensfelder, Hemker & Gale’s Construction Law Blog.

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Construction Contract Keystones, Part I: Payment Mechanisms

Insight
Much Shelist, P.C. has published an article reviewing the three most commonly used payment mechanisms in construction contracts and the benefits and drawbacks of each.

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Are Non-Compete Agreements Right for Your Construction Company?

Insight
Contractors have several reasons to require that their high-level employees (e.g., C-Level) enter non-compete agreements, explains Peter C. Vilmos of Burr Forman.

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Who Pays for Delay? How Enforceable is a No Damage for Delay Clause?

Insight
Delays are an all too common occurrence on construction projects. And they almost always cost money, points out Eugene Polyak on the website of Smith, Currie & Hancock LLP. So who pays for the increased costs caused by delays?

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