Ned Nicholson | Best Practices Construction Law If you are a homebuilder, residential housing developer, construction industry insurer, or any one of the many participants in the industry providing affordable and decent housing for the citizens of South Carolina, you are already aware that South Carolina courts have for decades prioritized the promotion of consumer… Continue reading Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly
C. Andrew Gibson | Stoel Rives In resolving construction contract negotiations and disputes, we’ve seen a number of overlooked clauses carry significant importance: a 20-year roof warranty limited to material replacement costs (no tear-out, no install) and only if the owner gives notification of a defect within 60 days; limitations of liability clauses that cap… Continue reading The Importance of Third-party Beneficiary Clauses in Contracts
Guillaume Le Gouic | Construction Executive The U.S. construction industry is facing a tech revolution that’s upending the roles of skilled workers. Many traditional contractors are struggling to embrace the new technologies customers increasingly demand, while the industry struggles to attract young professionals. According to the latest American Community Survey data, the median age of a… Continue reading Modern Tools Are Key to Future-Proofing the Construction Industry
Caitlin Kicklighter and Bill Shaughnessy | ConsensusDocs Risk allocation between the parties is a critical component of any construction contract. Indemnity obligations can be some of the important risk-shifting provisions of any design or construction contract. Indemnity provisions typically require one party, the Indemnitor, to agree to “hold harmless,” and/or reimburse another party, the indemnitee,… Continue reading Indemnity: What You Don’t Know Can Hurt You!
David Adelstein | Florida Construction Legal Updates There are times a contractor installs the wrong material or system contrary to the plans and specifications. A nonconformity. The owner wants the already-installed material or system to be replaced in conformity with the plans and specifications. However, what was installed is functionally equivalent to what the plans and specifications… Continue reading Is the Removal and Replacement of Nonconforming Work Economically Wasteful?