News and Events for Attorneys and Executives

Construction

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.

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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.

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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.

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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.

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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.

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Contractual Waiver of Subrogation Applied to Owner’s Non-Work Property

Contractual Waiver of Subrogation Applied to Owner’s Non-Work Property

Insight
Considerable litigation has arisen as to whether a waiver of subrogation provision in a construction contract applies to bar an insurer’s subrogation claim against a contractor to the extent the insurer covered damage to the owner’s “non-work” property under the owner’s existing property policy, writes Robert Barrack of Robinson Cole.

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Foley Expands Construction Litigation Practice With Miami Trial Lawyer

News
Ralf Rodriguez has joined Foley & Lardner LLP’s Construction Practice as of counsel in the Miami office, the firm announced.

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Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend

Insight
An explicit contractual duty to defend against allegations of negligence or breach by the indemnitor may well be construed to require such a defense from the outset, even when parties are still arguing over ultimate liability, writes Stan Martin of Commonsense Construction Law LLC.

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Top 10 Questions Owners Should Ask Before Signing a Construction Contract

Top 10 Questions Owners Should Ask Before Signing a Construction Contract

Insight
Construction contracts are often such voluminous documents that it can be difficult for owners to recognize and adequately negotiate the key terms that play the largest role in how construction risk and costs are allocated, writes Mike Madigan for Kegler, Brown, Hill + Ritter.

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The Contract Isn’t Signed, a Few Issues Remain, the Work is Done; Now What?

Article
Parties who allow the schedule to control performance without resolving the paperwork could find themselves in a mess, particularly if the back-and-forth on contract terms never stops, writes Stan Martin of Commonsense Construction Law.

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Federal Circuit Clarifies ‘Accrual’ of Claims under Contract Disputes Act

Article
Timeliness is critical when submitting claims to the government, or any contracting party, for that matter—public or private, writes Brian Dobbs for Bass, Berry & Sims PLC.

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Killer Clauses in Construction Subcontracts: Allocating Risk with Subcontractor Agreements

Killer Clauses in Construction Subcontracts: Allocating Risk with Subcontractor Agreements

Article
Whether parties are considering working with a new partner or simply re-evaluating existing relationships with long time partners, the parties should consider how to best allocate the risks associated with each project, cautions Brouse McDowell.

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Consideration of Force Majeure in Construction Contracts

Consideration of Force Majeure in Construction Contracts

Article
Before entering into a construction contract, consider how force majeure events are evolving in today’s world, advise Jonathan Massell and David A. Senter of Nexsen Pruet on the firm’s website.

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Agreements to Arbitrate Are Simple, Right?

Agreements to Arbitrate Are Simple, Right?

Article
The protracted time for a construction case to get to trial and the attendant cost and expense has led the construction bar away from the courthouse and into the arbitration room, writes Ira M. Schulman of Pepper Hamilton LLP.

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EPC Contracts and Technology Licenses in Petrochemical Projects

Article
In petrochemical projects, the engineering, procurement and construction (EPC) contracts are often negotiated after the technology licenses have been negotiated between the technology licensors and the project owner, write Sean Goldstein, Jean Shimotake and Raymond Azar of White & Case LLP.

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When Pre-Bid Information Turns Out to Be Wrong

White Paper
When conditions are encountered on a construction project that are contrary to the information provided to bidders, the parties’ contract should provide a roadmap for how the parties ought to proceed, writes Timothy W. Gordon.

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Managing Project Risk With Enforceable Indemnity Agreements

Managing Project Risk With Enforceable Indemnity Agreements

White Paper
Because indemnity agreements often are strictly construed against the party seeking indemnification, careful drafting is especially important.

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Limitations of liability: Waivers of Consequential Damages

Limitations of liability: Waivers of Consequential Damages

Article
No contractor wants to accept the risk that any one breach could lead to the financial ruin of its company.

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Antique Insurance Requirements Can Torpedo Your Contract

Article
The tendency to keep once-useful pieces in a contract can result having the equivalent of the human appendix: a piece no longer of any positive use and that harbors the potential for harm.

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The Trend Towards Liability Waivers in Design and Construction

White Paper
General contractors and architects need to be on guard against sub-tier liability waivers often lurking in the fine print or at the end of lengthy proposals.

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