Alexa Stephenson and Ivette Kincaid | Kahana Feld In the early 2000’s, Owner-Controlled Insurance Programs (OCIP) or WRAPS, were traditionally used in large commercial projects of over $50 million in construction costs. As construction defect lawsuits became more prevalent, subcontractors found themselves unable to meet the insurance requirements of their contracts with developers and general… Continue reading Navigating the Construction Burrito: OCIP Policies in California’s Construction Defect Cases
Wyncrest Commons: Commonly Used Progress Payments In Construction Contracts Do Not Render Them Installment Contracts
Benjamin J. Hochberg | Peckar & Abramson In BIL-JIM Construction Company, Inc. v. Wyncrest Commons, LP, 2023 WL 7276637 (Unpublished, decided November 3, 2023), the New Jersey Appellate Division was asked to consider two issues regarding the interpretation and application of a construction contract that utilized the standard form American Institute of Architects owner/contractor agreement (AIA… Continue reading Wyncrest Commons: Commonly Used Progress Payments In Construction Contracts Do Not Render Them Installment Contracts
A Contract Check Up for the Construction Industry
Creighton Dixon | Snell & Wilmer We began the year discussing an insurance checkup for those working in the construction industry. Now, we are following up with a discussion of issues for a contract checkup, specifically for your ongoing long-term projects. As the year ends, this may be a good time to pull your contracts… Continue reading A Contract Check Up for the Construction Industry
Potential Change for “Pay-if-Paid” and “Pay-when-Paid” Clauses in Michigan
Joshua Wilk | Clark Hill To understand the difference between the two contractual clauses, it is important for general contractors and subcontractors to know the following: Under current Michigan law, a contract may contain a “pay-if-paid” clause stating that the subcontractor will be paid only after the general contractor is paid. Given pay-if-paid provisions are… Continue reading Potential Change for “Pay-if-Paid” and “Pay-when-Paid” Clauses in Michigan
Don’t Let Disputed Change Orders Derail Your Construction Project
Eric A. Grasberger | Stoel Rives Change orders are a fact of life for construction projects. They can be challenging even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change. Change orders are far more difficult when the owner and contractor disagree, especially when the job is… Continue reading Don’t Let Disputed Change Orders Derail Your Construction Project