Pay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M Claim

John Mark Goodman | BuildSmart A Texas court has rejected a pipeline contractor’s $25 million claim for additional costs based on broad release language include in an executed change order (see Wood Group, USA v. Targa NGL Pipeline Company, LLC, No. 01-21-00542, 2023 WL 5280249 (Tex. Ct. App. Aug. 17, 2023)). The change order at issue… Continue reading Pay Attention to the Fine Print! Court Enforces Broad Release in Change Order to Deny $25M Claim

Should You Require a Specific Endorsement Naming Your Client as an Additional Insured?

R. Thomas Dunn and Sheya Rivard | Pierce Atwood Additional Insured’s Action Against Insurer Dismissed for Lack of Personal Jurisdiction The takeaway of this article is for you to consider updating your clients’ insurance requirements to require a specific additional insured endorsement. This endorsement requires a lower-tier contractor/policyholder to identify your client’s company by name in the… Continue reading Should You Require a Specific Endorsement Naming Your Client as an Additional Insured?

Building Resiliency: Withstanding Wildfires and Other Natural Disasters

Bill Creedon | Construction Executive According to the National Fire Protection Association, between 2016 and 2020 an estimated average of 4,300 fires per year plagued structures under construction, adding up to about $376 million in annual property damage. More recently, the National Centers for Environmental Information reported that wildfires accounted for more than $3.2 billion… Continue reading Building Resiliency: Withstanding Wildfires and Other Natural Disasters

Construction Termination Issues Part 6: This is the End (Tips for the Design Professional)

Melissa Dewey Brumback | Construction Law in North Carolina Whether your role is in helping analyze the contractor’s work on the project to certify a contractor’s termination for cause, or you are being shown the door yourself, and everything in between, termination is a subject that is ripe with potential problems. Consider these summary tips as part… Continue reading Construction Termination Issues Part 6: This is the End (Tips for the Design Professional)

Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’

Andrew Gibson | Stoel Rives As a construction and design attorney who both negotiates contracts and litigates disputes, I’ve evaluated many a project gone wrong because of the rights, obligations, and remedies allowed by contract terms. Too often as developers, designers, and contractors are understandably pushing forward to start a project, the parties devote insufficient… Continue reading Beware of ‘Standard’ Construction Contract Terms; Nothing Is ‘Standard’