David Adelstein | Florida Construction Legal Updates The Spearin doctrine is a doctrine in the construction industry that broadly means the owner impliedly warrants the constructability of the plans and specifications given to the contractor. This implied warranty attaches to a design specification, but not a performance specification. A question arises as to whether the Spearin doctrine can apply in… Continue reading Spearin Doctrine can Apply in Design-Build Context
Category: Construction
Using Injunctive Relief To Stave Off The Mootness Doctrine
Anthony S. Guardino | Farrell Fritz Typically, a court will invoke the mootness doctrine when circumstances change in a way that prevents the court from rendering a decision that effectively resolves an actual controversy. In the world of zoning and land use litigation, courts will put significant weight on how far construction has progressed towards completion… Continue reading Using Injunctive Relief To Stave Off The Mootness Doctrine
The Role of the Structural Engineer in Parking Garage Assessments
Dr. Luaay Hussein | J.S. Held Overview of Parking Garage Infrastructure and the Role of Structural Engineers Reinforced concrete parking garages are a critical component of urban infrastructure, addressing the growing need for efficient parking solutions due to urbanization and increased vehicular demand. Parking garages play a vital role in ensuring the mobility and accessibility… Continue reading The Role of the Structural Engineer in Parking Garage Assessments
Washington Court of Appeals Reaffirms General Contractors’ Duty To Maintain Safe Jobsite
Blake Robinson | Davis Wright Tremaine If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a general contractor has or retains the right to control the manner… Continue reading Washington Court of Appeals Reaffirms General Contractors’ Duty To Maintain Safe Jobsite
Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents
Jake Carroll and Jenna L. Lasseter | Nelson Mullins When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted from the lender’s perspective, frequently contain provisions that conflict with or impose additional obligations beyond those in… Continue reading Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents