Jeffrey Bright | Offit Kurman How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of responsibility for construction or design defects depends on numerous factors, including the… Continue reading How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure
Category: Construction Contracts
Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts
Patrick Kelly and Kendall Hudgins | Gray Reed When project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially devastating impact of liquidated and consequential damages provisions. Understanding these crucial contract elements before disaster strikes can mean the difference between… Continue reading Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts
Weathering the Storm – Part 3: Force Majeure in Construction Contracts
Jackson Moore and J.P. Vogel | Gray Reed Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable, we can control how we prepare for and respond to such events through the careful drafting or… Continue reading Weathering the Storm – Part 3: Force Majeure in Construction Contracts
You’ve Made Your Bed…Maybe Don’t Lie in It (Yet)!
Daniel Lund III | Phelps Dunbar The Louisiana Fifth Circuit Court of Appeal was faced with a residential construction contract dispute concerning the construction of a new home. Pivotal to the dispute was an occupancy clause in the general contract, which declared: “Owner agrees not to occupy the Home until contractor is paid in full.”… Continue reading You’ve Made Your Bed…Maybe Don’t Lie in It (Yet)!
Proportional Fault Indemnification Provisions Held Enforceable in Alabama
Mason Rollins | BuildSmart The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. JohnsonKreis Construction Company, Inc. subcontracted with Howard Painting, Inc. to perform work on a hotel project in Birmingham, Alabama. The… Continue reading Proportional Fault Indemnification Provisions Held Enforceable in Alabama