Matt Viator | Construction Executive | January 17, 2019 The construction industry is broad and the legal concerns of industry members can be far-reaching. What seems like tomorrow’s problem often jumps to the forefront and becomes a high priority today. 2018 was full of moments like these – and it’s important to keep track of… Continue reading Timely Legal Trends and Developments for Construction
Month: February 2019
Differing Site Conditions Produce Differing Challenges
Sarah E. Carson | Smith Currie | January 8, 2019 The saying “The best laid plans of mice and men often go awry” can too often apply in the construction industry. A contractor may receive a description of site conditions that is ultimately found flawed or misleading. The costs associated with addressing these surprise conditions… Continue reading Differing Site Conditions Produce Differing Challenges
Subcontractors Have Remedies, Even If “Pay-If-Paid” Provisions Are Enforced
John P. Ahlers | Ahlers Cressman & Sleight | January 23, 2019 In a recent case in Kentucky[1], a sub-tier subcontractor sued the general contractor and owner for failure to pay for extra work. At the trial, the court held the subcontractor was entitled to recover under the theories of implied contracts and unjust enrichment,… Continue reading Subcontractors Have Remedies, Even If “Pay-If-Paid” Provisions Are Enforced
Risk Transfer in Construction: Subrogation, Indemnity and Additional Insured Provisions
Lawrence T. Bowman, Donald A. Waltz and Ashley Veitenheimer | Kane Russell Coleman Logan | February 19, 2019 I. INTRODUCTION The construction industry is the largest single production sector in the United States economy. Construction encompasses a significant percentage of capital expenditures. It employs approximately five percent of the workforce. This is a significant percentage… Continue reading Risk Transfer in Construction: Subrogation, Indemnity and Additional Insured Provisions
“If it isn’t Broken…”: A Practical Guide to the Effective Use of Standard Forms of Contract
Kiran Giblin and Inga Hall | K&L Gates | February 21, 2019 Standard form building contracts play an important role in many construction and engineering projects. There are various advantages to using standard form contracts (as further detailed below), with a wide array of standard forms available to suit the particular types of parties, works… Continue reading “If it isn’t Broken…”: A Practical Guide to the Effective Use of Standard Forms of Contract