Stick to Supervision: Best Practices For General Contractors to Avoid Liability Under the “Doctrine of Active Participation”

Ciaran Kelly | Frantz Ward It has long been established under Ohio law that a construction site is an inherently dangerous workplace and a subcontractor who works at a construction site is engaging in inherently dangerous work.[1]  Generally, Ohio law imposes no duty upon a general contractor to render a workplace safe for its subcontractors who… Continue reading Stick to Supervision: Best Practices For General Contractors to Avoid Liability Under the “Doctrine of Active Participation”

Catching Killer Clauses in Contract Negotiations

James T. Dixon | Construction Executive Risk-management personnel who are in the business of reviewing and negotiating construction contracts have some simple tools at their disposal to make sure their edits are addressing all of the killer risk-shifting clauses in those contracts. One of those is the index to that document. But not all authors… Continue reading Catching Killer Clauses in Contract Negotiations

Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

Matthew DeVries | Best Practices Construction Law In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., under Contract No. W912GB-13-C-0011. The proposed amendment introduces an affirmative defense, contending that Kellogg… Continue reading Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

Construction Contract Basics: Venue and Choice of Law

Christopher G. Hill | Construction Law Musings Previously in this on-again-off-again series of posts on construction contract basics, I discussed attorney fees provisions and indemnification.  In this installment, the topic at hand is venue and choice of law. As construction professionals (outside of us construction attorneys), you are likely to be focused on things like the scope of work… Continue reading Construction Contract Basics: Venue and Choice of Law

Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees

Garret Murai | California Construction Law Blog Looking outside as of late it seems like the glorious, sun-drenched days of Summer are just a nostalgic memory of days long gone. So, to bring back some of those warm-weather memories, I have a swimming pool case for you. Although, like most of the things we write… Continue reading Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees

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