News and Events for Attorneys and Executives

Construction

Fifth Circuit Allows Non-Signatories to Enforce Arbitration Agreement

News
The Fifth Circuit has affirmed an order compelling arbitration, despite the fact that the parties seeking to compel arbitration were not signatories to the relevant arbitration agreement, according to Carlton Fields.

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Avoid Prejudgment Interest By Expressly Saying So in the Contract

Insight
Striking an interest provision from a draft subcontract wasn’t enough to keep a party to the agreement from being required to pay interest, according to a review of a Missouri case by in Pepper Hamilton’s Constructlaw blog.

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Top AIA A201 Construction Contract Changes: A Handy Cheat-Sheet

Top AIA A201 Construction Contract Changes: A Handy Cheat-Sheet

Insight
In a post at Construction Law Musings, Melissa Dewey Brumback writes about updates to the American Institute of Architects standard form contract documents.

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Pay IF Paid: It Means What it Says

Pay IF Paid: It Means What it Says

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If you are a subcontractor, lookout for language establishing payment from the owner as a condition precedent for payment, warns Bradley Arant Boult Cummings.

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The Storm After the Storm: Restoration Contracts

The Storm After the Storm: Restoration Contracts

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An article in Gray Reed & McGraw’s Texas Construction Law Blog offers some steps cleaning and restoration professionals can take in an effort to minimize the damage from a payment dispute with a client after a natural disaster.

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Long-Running Construction Defect Fight in Texas Ends With Defense Win

News
A decade-long construction defect battle involving a South Padre Island, Texas, luxury condominium complex damaged during Hurricane Dolly has been resolved in a take-nothing defense win secured by attorneys of the West Mermis law firm for the general contractor.

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Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?

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A appellate opinion provides some guidance with respect to the architect’s and engineer’s common law duty when processing pay applications, according to Clark Hill PLC.

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Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause

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Pepper Hamilton LLP’s Constructlaw blog discusses an Ohio case in which a plaintiff sued a building company and attempted to have the arbitration clause in a construction contract declared unenforceable.

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Defense Scores Arbitration Win in Long-Running Construction Defect Fight in Texas

News
A decade-long construction defect battle involving a South Padre Island, Texas, luxury condominium complex damaged during Hurricane Dolly has been resolved in a take-nothing defense win.

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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

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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

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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

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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

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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

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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?

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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!

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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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