Heather Benzmiller Sultanian and Rebecca B. Shafer | Sidley Austin On January 6, 2023, Vice Chancellor Laster issued an opinion in Fairstead Capital Management LLC v. Blodgett concerning a “dispute-resolution collision” between two applicable forum-selection clauses. The collision arises from the termination of a principal of an investment fund, whose partners fired him for allegedly breaching his… Continue reading Collision Course: The Consequences of Conflicting Forum-Selection Provisions
Robert Meade, Alistair Calvert and Tom Swarbrick | Bracewell Performance bonds are intended to guarantee a contractor’s satisfactory and timely completion of a project. There is no need for the employer to establish or prove that the contractor has defaulted on its obligations prior to making the call. For that reason, enforcing a performance bond… Continue reading Performance Bonds – Call Me?
Julia Edwards Bobbitt and Brian Waters | Gray Reed Construction companies spend countless hours drafting agreements requiring indemnification and insurance for their projects. These obligations are prevalent for all tiers of construction industry members— from subcontractors and suppliers, to project owners. The purpose of this article is to address some considerations in anticipation of a… Continue reading Basic Indemnity and Insurance Considerations in the Construction Context
David Senter | Nexsen Pruet Due to a recent decision of the North Carolina Court of Appeals, there now exists the potential for some uncertainty as to the time limits to assert claims related to a construction project. Specifically, that potential uncertainty relates to when the six-year statute of repose on construction claims begins to… Continue reading “Substantial Completion”: Different Strokes for Different Folks??
Laura Johnson | Bryan Cave Leighton Paisner Summary In Thomas Barnes & Sons plc v Blackburn with Darwen Borough Council, the TCC had to consider whether there was a concurrent delay and if so how did that affect the parties’ rights under the contract. The delay to the works in this case entitled the employer to… Continue reading Concurrent Delay: the Latest Guidance From the Courts