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Contract Disputes › Contract Terms › Negligence

MG+M The Law Firm

Massachusetts Supreme Judicial Court to Address the Application of the Statute of Repose to Contractual Indemnification Claims

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An issue of great importance to all construction project parties, including design professionals and contractors, is pending before the Massachusetts Supreme Judicial Court (SJC). In the matter of Trustees of Boston...more

Gray Reed

Who is responsible for the negligence of the “company man” on the well?

Gray Reed on

Parkman v. W&T Offshore, Inc., et al features two contractors playing hot potato over liability for a company man’s alleged negligence. The takeaway: Write your Master Service Agreement to address your liability concerns, and...more

Gray Reed

Texas Court Addresses MSA Indemnity Obligations

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At issue in RKI Exploration and Production LLC v. AmeriFlow Energy Services LLC and Crescent Services, LLC. were two Master Service Agreements.  RKI was the operator of a well in Loving County; AmeriFlow and Crescent were...more

Akin Gump Strauss Hauer & Feld LLP

Triple Point Technology, Inc v PTT Public Company Ltd – Court of Appeal Overturned

Akin Gump Strauss Hauer & Feld LLP on

Sir Rupert Jackson sitting in the Court of Appeal had found that the liquidated damages clause providing for liquidated damages to be paid for each day of delay by the contractor “from the due date for delivery up to the date...more

Smith Anderson

Coming to Construction Claims - The Collateral Source Rule

Smith Anderson on

In another significant opinion from the North Carolina appellate courts, the Court of Appeals recently expanded the application of the collateral source rule to negligence claims arising out of construction disputes in a case...more

Farrell Fritz, P.C.

Commercial Division Holds Nonsignatories Are Bound By Agreement’s Arbitration Clause

Farrell Fritz, P.C. on

“Read before you sign”, is what we counsel our clients, since we all know that courts will bind one contractually to a signed agreement even if not read. But, what if you never signed the agreement? Can you still be bound by...more

Sheppard Mullin Richter & Hampton LLP

Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Sheppard Mullin Richter & Hampton LLP on

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. It is not uncommon for parties to...more

Gray Reed

Choice of Law Matters in an Oilfield Indemnity Suit

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Did Texas law or New Mexico law apply to knock-for-knock indemnity provisions of a Master Work and Services Agreement? When a contract itself explicitly calls for Texas law, that is likely to be the outcome, as it was in...more

Gray Reed

Original Louisiana Lessee Can’t Escape Liability

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Louisiana practitioners and their clients tend to know this particular point of Louisiana law, but it could surprise out-of-staters (known in their native habitat as “Texans”), so it’s worth a reminder...more

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