Is the Med-Arb Format Right For You?

Nicholas P. Brown | The Dispute Resolver | December 11, 2014 As the cost of litigation has grown and the appetite for its attendant risks declined, owners and contractors have increasingly relied upon mediation and binding arbitration to resolve disputes. One particularly unique dispute resolution format is the combination mediation/arbitration (or “med-arb”) where the same… Continue reading Is the Med-Arb Format Right For You?

Architect’s Markings on Drawings Did Not Trump Terms of Construction Contract

Timothy J. Abeska | Barnes & Thornburg LLP | December 15, 2014 Construction contracts often incorporate multiple documents by reference. A recent Indiana case provides an example of a court enforcing contract provisions rather than markings on construction drawings that are inconsistent with contract requirements. Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc.,… Continue reading Architect’s Markings on Drawings Did Not Trump Terms of Construction Contract

General Contractors Beware of Subordination Clauses

Amy M. Anker, Esq. | Construction Chaos | December 10, 2014 In California, a general contractor can usually rest assured that in the event of nonpayment, it can rely upon the remedy of a mechanics lien, which remedy is, in fact, even a constitutional right. The priority rights accorded to mechanics liens are strong. For example,… Continue reading General Contractors Beware of Subordination Clauses

“Additional Insured”: Are You Really Covered?

David A. Eisenberg | Much Shelist PC | December 10, 2014 It is standard practice on any construction project: the general contractor requires its subcontractor to obtain certificates of insurance indicating that the general contractor and the property owner are listed as additional insureds on the subcontractor’s commercial general liability (CGL) policy. The general contractor… Continue reading “Additional Insured”: Are You Really Covered?

That’s What I have Insurance For, Right?

Craig Martin  | Construction Contractor Advisor | December 8, 2014 Ah, the age old question, What does my insurance really cover?  A federal court in Georgia recently weighed in on this issue in Standard Contractors, Inc. v. National Trust Insurance Company, and ruled that a contractor’s commercial general liability insurer did not have to pay for… Continue reading That’s What I have Insurance For, Right?

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