Contractual Notice Requirements: Do You Really Need Them?
Although generally known as the “Texas Construction Anti-Indemnity Act,” the sweep of Subchapter C of Chapter 151 of the Texas Insurance Code (the “TCAIA”) is much broader than its name would seem to suggest.[1] ...more
In fast-paced industries such as the construction industry, it is easy to assume that standardized form contracts provided by the American Institute of Architects (“AIA”) will prevent, rather than cause, problems further down...more
Dear YouDig?, Our “Top Gun” bid team is thrilled to have secured a prime plumbing subcontractor on a new hospital project. One problem, the general contractor trashed our form. We are stuck with a mind boggling 60 page...more
Subrogation professionals have always been looking for ways to defeat onerous waiver of subrogation provisions in contracts signed by insureds. However, even when contracts are unsigned, if there is intent when the contract...more
In view of the current coronavirus epidemic, what are the implications of material supply chain disruptions and labor unavailability resulting from the epidemic under typical building construction contracts? Although the...more
Presented by Cohen Seglias Partners John A. Greenhall and Lisa M. Wampler on February 12, 2019. A critical element of protecting the assets of your company is learning how to lessen or eliminate commercial risk through the...more
Last time, we discussed how some of the 2017 revisions to the American Institute of Architects (AIA) form design and construction contracts benefit general contractors. Such revisions added clarity to provisions concerning...more
Most contracts in the construction industry supply chain require the “downstream” project participant to indemnify those “upstream” against a spectrum of losses or claims relating to the project. Upstream participants, such...more
In Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. (“Vita Planning”), the First Appellate District held California’s Code of Civil Procedure section 410.42 (“Section 410.42”) which prohibits an...more
Originally published in Green Building News, February 20, 2013. Successful green building requires more planning and, preferably, a greater degree of integration in overall project delivery, than building without green...more
It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more