News and Events for Attorneys and Executives

Construction

Clear Arbitration Provision Deemed Enforceable

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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

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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?

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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

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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

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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

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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

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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?

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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?

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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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What to Consider When Preparing Construction Contracts

What to Consider When Preparing Construction Contracts

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It’s important for parties entering into any significant economic transaction to have written contracts, especially for construction projects, writes Jason T. Strickland for Ward and Smith, P.A.

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Trial Lawyer Jay Old Joins Texas-based Hicks Thomas LLP

Trial Lawyer Jay Old Joins Texas-based Hicks Thomas LLP

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Veteran trial lawyer Jay Old has joined commercial litigation firm Hicks Thomas LLP where he will continue to represent construction, insurance, petrochemical and health care companies as part of his client portfolio.

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Navigating Construction Disputes, From Mediation to Litigation

Navigating Construction Disputes, From Mediation to Litigation

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All parties involved with a construction contract need to explore which dispute resolution option is right for them and the project, and also ensure their contract terms are as clear as possible to avoid potential problems down the road, writes Kim Slowey in Construction Dive.

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What are Consequential Damages on a Construction Contract?

What are Consequential Damages on a Construction Contract?

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when entering into a construction contract, parties should carefully evaluate the proposed contract language to fully comprehend the risks they are about to assume, write Charles B. Jimerson and Kayla A. Haines of Jimerson & Cobb, P.A..

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5 of the Most Commonly Misinterpreted Terms in Construction Contracts

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The latest installment of Construction Dive’s “The Dotted Line” series discusses a problem many construction contractors see in their business: misinterpretation of terms in their contracts.

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Why You Need to Know If Your Construction Contracts are ‘Under Seal’

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Many people are not aware, however, that parties to contracts, including construction contracts, may have the ability to increase the statute of limitations for a written contract by a factor of more than 300 percent, write Darren Rowles and Scott Cahalan in a post for Smith, Gambrell & Russell.

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Additional Insured By Written Contract Clause Construed to Bar Coverage

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The language of an additional insured clause may make all the difference as to whether a party is covered as an additional insured or not, writes Larry P. Schiffer in Squire Patton Boggs’ Insurance and Reinsurance Disputes blog.

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Construction Litigator Kim Ashby Joins Foley in Orlando

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Foley & Lardner LLP announced that Kim Ashby has joined the firm’s Construction Litigation Practice as partner in the Orlando office. Ashby work in complex construction law includes a focus on appellate work.

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Additional Insured By Written Contract Clause Construed to Bar Coverage

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New York courts will interpret insurance policies based on the plain meaning of the words used by the parties and will not alter the contracts for equitable reasons if the language is clear and unambiguous, writes Larry P. Schiffer of Squire Patton Boggs.

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Avoid Nullification of Contractual Indemnity Protection

Avoid Nullification of Contractual Indemnity Protection

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Because of unforeseen risk, additional insured endorsements have been revised to link contractual indemnity obligations to additional insured coverage, writes James J. Buldas of Pietragallo Gordon Alfano Bosick & Raspanti LLP.

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Six Questions Owners Should Answer Before Entering a Construction Contract

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There are six questions that an owner can ask to evaluate what rights and obligations it will have upon entering into a construction contract, writes Daniel Bradfield, a partner in Arnall Golden Gregory LLP.

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