Category: Construction

The Differences Between “Pay if Paid” and “Pay when Paid” Clauses in Construction Contracts

Stephen K. Pudner – January 15, 2013 As attorneys that draft construction contracts and litigate construction disputes on a regular basis, we have seen how construction contract terms are used in contracts and what the practical effects of these terms may be on the rights and obligations of parties to those contracts.  While a previous… Continue reading The Differences Between “Pay if Paid” and “Pay when Paid” Clauses in Construction Contracts

Building Codes Vital Piece of Storm Damage Puzzle

The Marietta Times – January 11, 2013 I read “Emergency Center Upgrade Funded” with interest. After a storm, the power grid, building construction, and other conditions are on everyone’s mind. But the increased number and severity of “wind events” nationally should prompt a reexamination in every community. Verisk Analytics conducted an analysis comparing our severe-storm… Continue reading Building Codes Vital Piece of Storm Damage Puzzle

CA Court of Appeal Holds Design Professionals Owe a Duty of Care to Condo Homeowners for Professional Negligence

Edward P. Garson, Ian A. Stewart and John R. Clifford – December 20, 2012 In Beacon Residential Community Association v. Skidmore, Owings and Merrill LLP (December 14, 2012), the trial court sustained the demurrer (a response in a court proceeding in which the defendant does not dispute the truth of the allegation but claims it is not… Continue reading CA Court of Appeal Holds Design Professionals Owe a Duty of Care to Condo Homeowners for Professional Negligence

“Toxic” Mold Claims: Steps to Prevent and Aggressively Defend

W. Kyle Dillard – December 17, 2012 TOXIC MOLD. SICK BUILDING SYNDROME. MOLD SICKNESS. These are some of the popular catch phrases employed by those who seek to profit by perpetuating the mythology that has fueled a cottage litigation industry of mold hysteria for more than a decade. Despite the rejection of these notions as… Continue reading “Toxic” Mold Claims: Steps to Prevent and Aggressively Defend

Mississippi’s “Preference” Statute–It is really quite simple. : Construction Law Toolbox

Christopher Solop – January 4, 2013 Mississippi has two “preference” statutes. The first one is found under the statutory scheme for the Board of Public Contractors at Miss. Code Ann. §31-3-21(3) (Rev.2010). The second one is found under the Mississippi statutes dealing with Public Purchases at Miss. Code Ann. §31-7-47 (Supp. 2012). The purpose of… Continue reading Mississippi’s “Preference” Statute–It is really quite simple. : Construction Law Toolbox