News and Events for Attorneys and Executives

Construction

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.

Continue Reading »

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.

Continue Reading »

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.

Continue Reading »

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?

Continue Reading »

What to Consider When Preparing Construction Contracts

What to Consider When Preparing Construction Contracts

Insight
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.

Continue Reading »

Trial Lawyer Jay Old Joins Texas-based Hicks Thomas LLP

Trial Lawyer Jay Old Joins Texas-based Hicks Thomas LLP

News
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.

Continue Reading »

Navigating Construction Disputes, From Mediation to Litigation

Navigating Construction Disputes, From Mediation to Litigation

Insight
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.

Continue Reading »

What are Consequential Damages on a Construction Contract?

What are Consequential Damages on a Construction Contract?

Insight
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..

Continue Reading »

5 of the Most Commonly Misinterpreted Terms in Construction Contracts

Insight
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.

Continue Reading »

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

Insight
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.

Continue Reading »

Additional Insured By Written Contract Clause Construed to Bar Coverage

Insight
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.

Continue Reading »

Construction Litigator Kim Ashby Joins Foley in Orlando

News
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.

Continue Reading »

Additional Insured By Written Contract Clause Construed to Bar Coverage

Insight
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.

Continue Reading »

Avoid Nullification of Contractual Indemnity Protection

Avoid Nullification of Contractual Indemnity Protection

Insight
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.

Continue Reading »

Six Questions Owners Should Answer Before Entering a Construction Contract

Insight
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.

Continue Reading »

Preventing Limitation of Liability End-Runs

Insight
Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and limits of liability, according to a client alert published by Pepper Hamilton.

Continue Reading »

A.M. Best Webinar Examines Legal, Insurance Ramifications of Lead Injuries

Event, August 3, 2 p.m. EDT
A panel of legal and insurance professionals will discuss the sources of lead injury claims, developing liability issues and the industry impact of lead-based claims.

Continue Reading »

Despite (or Because of) Extensive Negotiations, No Contract and No Promissory Estoppel

Insight
In this case, the fact that there was no integrated agreement did not defeat the plaintiff’s breach of contract claim. Rather, the question was whether there was ever an intent to create a contract, writes Stephen M. Proctor of Masuda Funai.

Continue Reading »

Court Finds That Text Message Can Form Binding Contract

Court Finds That Text Message Can Form Binding Contract

Insight
A Massachusetts court ruled that a string of text messages can constitute a writing under the Statute of Frauds sufficient to bind the parties to sell certain property, writes Matthew DeVries on Burr & Forman LLP‘s Best Practices Construction Law.

Continue Reading »

Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Insight
When you are required to strictly comply with a particular provision or legal requirement, then any departure from that requirement (no matter how insubstantial) can void the claim or provide an absolute defense, writes Matthew DeVries of Burr & Forman LLP.

Continue Reading »

image_pdfimage_print
Top