Julian Bailey and Ralph Goodchild | White & Case Construction contracts may be priced in a number of ways. For most contracts, even those which are “fixed price”, there is usually scope for cost/price variability. Four cases from December 2020 highlight some of the difficulties that can arise when parties agree that payment should be… Continue reading Construction Contracts: Who Bears the Risk of Cost Overruns?
Month: February 2021
Expert Determination Clauses: A Tailored Alternative for Construction Projects?
James Ebert and Steven Fleming | Jones Day In Short The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes. Parties often agree to adopt independent expert determination as a means of managing these challenges. The Concern: Many boiler-plate independent expert determination clauses are not sufficiently tailored to the… Continue reading Expert Determination Clauses: A Tailored Alternative for Construction Projects?
First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
Mary Beth Forshaw | Simpson Thacher Preliminary and jurisdictional considerations in insurance litigation Fora In what fora are insurance disputes litigated? Most insurance disputes are litigated in state or federal trial courts. An insurance action may be subject to original federal court jurisdiction by virtue of the federal diversity statute, 28 USC section 1332(a). In… Continue reading First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
Arbitration Denied: Third Appellate District Holds Arbitration Clause Procedurally and Substantively Unconscionable
Stephen M. Tye and Lawrence S. Zucker II | Haight Brown & Bonesteel In Cabatit v Sunnova Energy Corporation, the Third Appellate District held that an arbitration clause in a solar power lease agreement was unenforceable because it was procedurally and substantively unconscionable. In Cabatit, Mr. and Ms. Cabitat entered into a solar power lease agreement (the… Continue reading Arbitration Denied: Third Appellate District Holds Arbitration Clause Procedurally and Substantively Unconscionable
Power Project Development: Aligning the EPC Agreement and Power Purchase Agreement
Matthew A. Sanders | Taft Stettinius & Hollister Power project developers often negotiate the engineering, procurement, and construction agreement (EPC) at the same time as other project contracts. Depending on the project type and contracting paradigm, a developer (owner) must align key EPC terms with some or all of the following: (1) power purchase agreement… Continue reading Power Project Development: Aligning the EPC Agreement and Power Purchase Agreement