Bill Wilson | Construction Law Zone A common provision often deleted from the standard form AIA documents is the provision in the AIA A201 General Conditions requiring an Initial Decision Maker (IDM) for claims between the contractor and owner. In the A201, the contracting parties have the option of naming their own IDM for the… Continue reading Architects Should Not Make Initial Decisions on Construction Disputes
Month: June 2023
Subrogation 101 (and Why Should I Care?)
Clark Thiel and Alexis N. Wansac | Gravel2Gavel What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation?“Subrogation” refers to the act of one person or party standing in the place of another person… Continue reading Subrogation 101 (and Why Should I Care?)
Don’t Ignore the Dispute Resolution Provisions in Your Construction Contract
David Adelstein | Florida Construction Legal Updates Don’t ignore dispute resolution provisions in a construction contract. Sometimes, you may want to. But dispute resolution provisions should be one of the first provisions you look to when a dispute arises recognizing these provisions will be raised if you fail to comply. Not only will they be raised, but… Continue reading Don’t Ignore the Dispute Resolution Provisions in Your Construction Contract
What is the Difference Between Replacement Cost Value (RCV) and Actual Cash Value (ACV)?
Jorge Cruz-Bustillo | Chartwell Law The takeaway from this article is to understand that the acronyms of RCV and ACV simply characterize the inclusion or exclusion of recoverable depreciation. These terms do not, under any circumstance, reflect the “scope of the damages” required to be paid at the time of the initial coverage decision. Replacement… Continue reading What is the Difference Between Replacement Cost Value (RCV) and Actual Cash Value (ACV)?
Toolbox Talk Series Recap – Considerations for Optimizing Dispute Resolution Clauses
Michael Filbin | The Dispute Resolver In the April 27, 2023 edition of Division 1’s Toolbox Talk Series moderated by Manuel del Valle, Sergio Andre Laclau (Partner at Mello Torres) and Liza Akins (Senior Assistant GC and Division Counsel at ARCO Design/Build) offered the following strategies for drafting effective ADR clauses in construction contracts: 1. Define… Continue reading Toolbox Talk Series Recap – Considerations for Optimizing Dispute Resolution Clauses