In this author’s experience, the most effective contract terms are those that mirror the parties’ business expectations and negotiations and allocate risk in a fair and balanced manner. Some advocates treat contract...more
Many an initial construction dispute attorney-client conference sounds like this: Client: “I have a contract dispute with my [owner/design professional/contractor/subcontractor].” Attorney: “Ok, what does your contract say?”...more
In a recent Arizona case, the trial court held that an owner could sue a subcontractor directly for recovery of the owner’s consequential delay damages based on the subcontract’s express indemnity clause, notwithstanding that...more
Hopefully you had a great holiday break and are now back to work refreshed and ready to seize new opportunities in 2019. Many of our clients take time early in the year to review their body of contract templates to evaluate a...more
Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year.
In this issue, we...more
9/7/2017
/ Attorney's Fees ,
Breach of Warranty ,
Change Orders ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Delays ,
Implied Warranties ,
Jurisdiction ,
Non-Signatories
Letter from the Editor -
Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company.
An issue that seems to commonly come up in cost-plus...more
3/20/2017
/ Appeals ,
Arbitration ,
Building Information Modeling (BIM) ,
Commercial Insurance Policies ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Critical Infrastructure Sectors ,
General Contractors ,
Good Faith ,
Promissory Estoppel ,
Proposed Legislation ,
Real Estate Development ,
Subcontractors ,
Termination for Default ,
Trump Administration ,
Waivers