Mitigating or Preventing Water Damage

Kevin Moore | Woodruff Sawyer Water’s capacity to inflict severe and costly damage looms large over all construction projects. Whether it’s caused by Mother Nature or human error, water damage presents a ubiquitous threat. Because construction water damage claims can climb to hundreds of thousands of dollars, it’s worth taking steps to mitigate or prevent incidents,… Continue reading Mitigating or Preventing Water Damage

Ohio Court Reforms Construction Contract to Correct “Manifest Absurdity” in Termination for Convenience Term

Anthony Melon | Troutman Pepper Hanuman Chalisa, LLC v. BoMar Contr., Inc., 2022-Ohio-1111, 187 N.E.3d 1108 (Ct. App.) Hanuman Chalisa LLC (owner) contracted BoMar Contracting, Inc. (BoMar) to construct a hotel in Columbus, OH. The contract consisted of the AIA A101-2007 and AIA A201-2007. The owner later terminated BoMar, alleging deficiencies in BoMar’s work. The parties… Continue reading Ohio Court Reforms Construction Contract to Correct “Manifest Absurdity” in Termination for Convenience Term

Construction Contract Tip – Subcontractors, Don’t Waive Your Right to a Lien

Sam DeBaltzo | Tonkon Torp In the course of reviewing construction subcontracts, I’ve recently seen provisions similar to the following (simplified for convenience and confidentiality): “The subcontractor shall reimburse the [Contractor and/or Owner] for any costs and expenses for any claim, obligation, or lien that arises from the performance of the work.” “The subcontractor shall… Continue reading Construction Contract Tip – Subcontractors, Don’t Waive Your Right to a Lien

Recent Supreme Court Decision Could Have Substantial Impact on Builders

Cassidy Ingram | Ahlers Cressman & Sleight On October 27, 2022, the Washington State Supreme Court issued a decision which could have a substantial impact on the enforceability of contract clauses that require litigation to be commenced within a stated period of time from project completion. In Tadych v. Noble Ridge Construction, Inc.,the Supreme Court held… Continue reading Recent Supreme Court Decision Could Have Substantial Impact on Builders

The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona

Robert A. Henry and Emily R. Parker | Snell & Wilmer The Arizona Supreme Court recently issued an opinion on the scope of the implied warranty of workmanship and habitability (the “implied warranty”) in contracts between homebuyers and builder/vendors that provides clear guidance of the law in this area, specifically on the issue of whether… Continue reading The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona

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