News and Events for Attorneys and Executives

Tag: ConstructionLaw

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

Insight
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 Not to Do: Construction Contractor Charged With Lying to OSHA

What Not to Do: Construction Contractor Charged With Lying to OSHA

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A case discussed in a Seyfarth Shaw blog provides an important lesson: Don’t lie under oath, especially when there exists discoverable evidence to the contrary.

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Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract

News
An Ohio appellate court has addressed an issue that arose when an arbitrator specified in a contract is no longer available.

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Construction Arbitration: The Pros and Cons

Construction Arbitration: The Pros and Cons

Insight
Most parties involved in a construction project have a contract that defines their responsibilities, and many of these construction contracts also contain arbitration clauses, according to Ward and Smith.

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

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

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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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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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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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Should I Have an Arbitration Clause in My Construction Contract?

Insight
Paul W. Norris of Stark & Stark writes there are numerous factors to consider in determining whether mandatory arbitration is the preferred dispute resolution mechanism, or whether the state court system is preferred.

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Unsigned Contract = No Proper Insurance Coverage

Insight
Commonsense Construction Law reports on a case in which an unsigned contract meant that the contractual liability exclusion in the subcontractor’s insurance policy would control.

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How Do Additional Insured Obligations Work with Subcontract Flow-Down Clauses?

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In his Commonsense Construction Law blog, Stan Martin asks the question “How do additional insured obligations work with subcontract flow-down clauses.” And he answers it with one word: “They don’t.”

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What to Consider When Preparing Construction Contracts

What to Consider When Preparing Construction Contracts

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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.

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

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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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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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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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