News and Events for Attorneys and Executives

Tag: ConstructionContracts

Construction Defect Dispute Governed by Contract Disputes Act Not Yet Suited to Being a ‘Suit’

Insight
The Southern District of California recently held that a series of demands for a general contractor to investigate and repair several construction defects at a U.S. Army facility did not constitute a “suit” within the meaning of the general contractor’s commercial general liability policy.

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Call-Back Periods in Call-Back Warranties: Confusion on Other Warranties in Construction Contracts

Call-Back Periods in Call-Back Warranties: Confusion on Other Warranties in Construction Contracts

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A call-back warranty establishes a period of time after the substantial completion of a project within which an owner can call upon a contractor to correct nonconforming work.

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The Importance of a Mediation Provision in Construction Contracts

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A construction contract’s dispute resolution clause is a topic that frequently comes up during the drafting of an agreement, writes Mark A. Cobb of Cobb Law Group.

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What Should be in Every Construction Agreement

What Should be in Every Construction Agreement

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Parties to a construction project can have a better agreement by addressing six topics described in a post in The Lien Zone blog.

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Arbitration Award ‘Irrational’ Because It Disregards Contract’s Plain-Text to Reach a Just Result

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The Ninth Circuit has ruled in a contract arbitration case that incorporated multiple Federal Acquisition Regulation clauses that govern the recovery of expenses in the event a contractor is terminated for convenience.

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12 Things to Consider When Negotiating a Construction Demolition Contract

12 Things to Consider When Negotiating a Construction Demolition Contract

Insight
A client alert from Neal, Gerber & Eisenberg offers some advice on negotiating a demolition contract.

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Court Holds That Arbitration Clauses Bind Nonsignatories Who Seek to Enforce Contracts

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A post on the website of Pepper Hamilton describes a North Carolina case that involved non-signatories to a construction contract attempting to avoid the contract’s arbitration claim.

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Interpreting Indemnity Provisions in Construction Contracts

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Interpretation of contractual indemnity provisions can vary from jurisdiction to jurisdiction. And such interpretations can be wildly divergent and often result in contradictory interpretations and enforcement, according to a Faegre Baker Daniels LLP post.

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Teaming Up? Avoid Unenforceable Agreements to Agree

Teaming Up? Avoid Unenforceable Agreements to Agree

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Teaming agreements are intended to define the relationships, rights and responsibility of all parties involved during both the pursuit of the work.

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

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

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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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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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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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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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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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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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Webinar: Avoiding Construction Claims and Disputes

On-Demand
A Baker Tilly on-demand webinar provides an overview of strategies to identify potential claims scenarios and potential resolutions available to mitigate claims.

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Construction Contracts: Allowance or Contingency?

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Randolph E. Ruff and Jonathan M. Mraunac of Ogletree Deakins explain the differences between contract allowances and contingencies, how they are used, and how they can be drafted.

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AIA Releases 2017 Construction and Design Agreements

AIA Releases 2017 Construction and Design Agreements

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The American Institute of Architects has released several revised documents including the primary agreements between the owner and contractor and the owner and architect, reports Dickinson Wright PLLC.

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Mitigation of Construction Defect Litigation – Top 10 Construction Contract Issues

Mitigation of Construction Defect Litigation – Top 10 Construction Contract Issues

Insight
A construction contract will need to be reviewed thoroughly and revised to better protect the owner, and in the case of residential construction, should in particular, address 10 key issues, advises Rebecca W. Dow in Holland & Hart’s Construction Law Blog.

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