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Contract Terms Design-Build Construction Industry

MG+M The Law Firm

Project-Specific Professional Liability Insurance on Design-Build and Public-Private Partnership Projects in North America: A Path...

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In January 2022 Donovan Hatem LLP (Now MG+M The Law Firm) established a Task Force consisting of professional liability insurance underwriters, brokers, engineers and architects, and lawyers knowledgeable and experienced in...more

BCLP

Interpreting Termination Clauses: a Recent Example From the Court of Appeal

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In this Insight, first published in PLC, Shy Jackson considers the Court of Appeal's decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 that a contractor was entitled to...more

BCLP

JCT 2024 Editions: Key Changes in the JCT's New Suite of Contracts

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An article, first published in PLC which analyses the key changes introduced by the JCT in its Design and Build Contract, 2024 Edition, the first of the JCT's 2024 contract families to be published. Standard forms tend to...more

Vinson & Elkins LLP

Transferring Project Design Risk

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Some construction industry commentators have urged a more integrated approach to design and construction, with equitable risk sharing and an effort to ensure that project design will benefit from the experience of companies...more

Miller Nash LLP

Seattle Tunnel Partners’ Bertha Case Sinks as Appeal Hits Dead End

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In 2011, the Washington State Department of Transportation (WSDOT) agreed to pay Seattle Tunnel Partners (STP) $1.35 billion to construct a new tunnel under Seattle under a design-build contract. The project came to an abrupt...more

Holland & Knight LLP

Texas Contractors No Longer Bear Risk for Defects in Owner-Furnished Designs

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The Texas Legislature recently passed a new law concerning owner-furnished designs for construction projects, thereby overturning more than 100 years of precedent in Texas previously holding that contractors bore the risk of...more

Cohen Seglias Pallas Greenhall & Furman PC

Blame the Separations Act: Why the Design-Build Model Is Unavailable to Pennsylvania Public Owners

When it comes to public projects in the Commonwealth of Pennsylvania, the Separations Act is a major impediment to public entities that want to utilize design-build or engineer-procure-construct (EPC) project delivery models....more

Bricker Graydon LLP

[Ongoing Program] Specific Claims – Changes in Project Design and Scope, Preconstruction - November 18th, 12:00 pm - 1:00 pm EST

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19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Design Builder - Style Points

Dear YouDig? We are a design builder with jobs throughout Ohio and the Midwest. We have noticed an increase in workplace discrimination and hostility on many of the jobs we are running. This is definitely not our style...more

Bricker Graydon LLP

[Webinar] Specific Claims – Changes in Project Design and Scope, Preconstruction - November 19th, 12:00 pm - 1:00 pm EST

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Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? How to avoid a design-build debacle

Dear YouDig?, We are a design builder. We hired a design team to do the preliminary design for our bid on a large DB project. We won the bid. Of course we warranted to the project owner that we would build the project, as...more

Stoel Rives -  Ahead of Schedule

Design-Build Lite – Construction Contracts with D-B Components

For most in the industry, when we think about a standard construction contract, we envision the construction documents being drafted by the architect and other design consultants. We tend to view the project as...more

White & Case LLP

Allocation of Risk in Construction Contracts (Updated)

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Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more

Bradley Arant Boult Cummings LLP

Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement

In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to...more

Carlton Fields

Tenth Circuit Affirms District Court’s Confirmation of Arbitration Award While Applying “One of the Narrowest Standards of Review...

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Plaintiffs-Appellants MEMC II, LLC and Mike McDaniel (collectively, “MEMC”) contracted to have Defendant-Appellee Cannon Storage Systems, Inc. (“Cannon”) build a commercial storage facility in Dallas, Texas. ...more

Snell & Wilmer

Will Your Contracts Help You Succeed or Hold You Back in 2019?

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

How Contractors Become Responsible For Project Design

Design delegation—when a construction contractor assumes responsibility for project design—can expose contractors to increased liability. In this episode, Randy Ruff and Jonathan Mraunac discuss how design delegation can...more

Troutman Pepper Locke

Kentucky Court of Appeals Draws a Distinction Between Substantive and Procedural Questions of Arbitrability, and Explains the...

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Ambac Assur. Corp v. Knox Hills LLC, 2018 Ky. App. Lexis 188 (June 15, 2018) - This case involves a February 1, 2007 design/build agreement governing the rights of the several parties involved with a military housing...more

Troutman Pepper Locke

Montana Supreme Court Holds That A Waiver Of Consequential Damages And A Partial Limitation Of Liability In A Design Contract Are...

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Zirkelbach Constr., Inc. v. DOWL, LLC, 2017 Mont. Lexis 591 (Mont., Sept. 26, 2017) - In interpreting a state statute which makes contractual limitations on a party’s liability unenforceable in certain instances, the...more

Troutman Pepper Locke

Actual Notice Exception to Pre-Lien Notice Requirement of Nevada Lien Statute Does Not Apply to Architect’s Offsite Work When No...

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Iliescu v. Steppan, No. 68346, 2017 Nev. LEXIS 38, (Nevada Supreme Court, May 25, 2017) - Appellants Iliescu entered into a Land Purchase Agreement to sell four unimproved parcels in downtown Reno, Nevada to Consolidated...more

Dickinson Wright

AIA Releases 2017 Construction and Design Agreements

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At the end of last month, the American Institute of Architects (“AIA”) released several revised documents including the primary agreements between the owner and contractor and the owner and architect. Many of the revisions...more

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