News and Events for Attorneys and Executives

Construction

AIA Changes – It’s Time to Convert Before It’s Too Late

AIA Changes – It’s Time to Convert Before It’s Too Late

Insight
Jeffrey M. Reichard of Nexsen Pruet offers a reminder that the American Institute of Architects (AIA) will discontinue support of older versions of its most popular standard form contracts after Oct. 31, 2018.

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When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?

When Your Contract Includes an Arbitration Clause: Who Decides the Arbitrability of the Dispute?

Insight
Parties wishing to ensure resolution of “gateway” questions of arbitrability by a specific decision-maker –whether the court or arbitrator –should spell out their preference as clearly as possible in the arbitration clause, according to Williams Mullen.

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Sometimes You Get Away with Unwritten Contracts

Sometimes You Get Away with Unwritten Contracts

Insight
One area where the distinction between written versus unwritten agreements makes a difference is in the calculation of the statute of limitations, points out Christopher G. Hill in his Construction Law Musings blog.

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Has the Government ‘Waived’ Goodbye to Strict Compliance with Your Contract Specifications?

Insight
A recent Armed Services Board of Contract Appeals decision confirmed that waiver defenses can defeat government demands for strict compliance with contract requirements, reports Cohen Seglias Pallas Greenhall & Furman.

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Fixed-Price Contracts Are Simple – Or Are They?

Podcast
There is very little case law guiding the practical approach to fixed-price contracts, but a Pepper Hamilton podcast offers some guidance.

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Eliminating the Surprise Factor from Construction Contracts: Tips for Owners and Developers

Eliminating the Surprise Factor from Construction Contracts: Tips for Owners and Developers

Insight
On construction projects, owners and developers often are familiar with standard contract language and provisions, but the industry is continually evolving, according to a paper published by Zetlin & De Chiara LLP.

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Progress Payments: What to Do When the Money Stops Trickling In

Insight
Faegre Baker Daniels says the contractor should look to its contract with the owner to find answers to two questions: Does the contract require the contractor to take a certain action? And, is payment”clearly due and owning?”

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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

Insight
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

Insight
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?

Insight
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

Insight
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

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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