Meredith C. Eilers | Bernstein Shur Sawyer & Nelson PA | December 29, 2015 A recent decision from an appeals court in Washington State is a reminder of the difficulties in proving a differing site conditions claim, and the importance of contract documents in asserting that claim. In King County v. Vinci Construction Grands Projets, — P.3d… Continue reading Differing Site Conditions Claim Fails in Washington State
Category: Construction Contracts
#2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision
Graham C. Mills | Newmeyer & Dillion, LLP A recent decision by the Court of Appeal, Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido (2015) 238 Cal.App.4th 468, reinforces the right of a general contractor to defense and indemnity by a subcontractor when the parties have contractually allocated risk to the subcontractor. To… Continue reading #2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision
#4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
David A. Harris and Abigail e. Lighthart | Haight Brown & Bonesteel LLP | September 30, 2015 In Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. (“Vita Planning”), the First Appellate District held California’s Code of Civil Procedure section 410.42 (“Section 410.42”) which prohibits an out-of-state contractor from requiring a California subcontractor to… Continue reading #4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
Limitations of Liability – The Elephant in the Room
Gregory Faulkner | Robinson Cole | October 14, 2015 This is the first post in the four-part series “Limitations of liability—The Elephant in the Room.” One or more of the following scenarios takes place in my office virtually every day: Scenario One: Owner client sends me an industry form construction contract and asks me to take a… Continue reading Limitations of Liability – The Elephant in the Room
Limitations of Liability— Scenario Two: No Damages for Delays Clauses
Gregory Faulkner | Robinson Cole | November 10, 2015 Owners often attempt to limit their liability to contractors through what is commonly known in the construction industry as a “no damages for delays” clause. Much like waivers of consequential damages, a “no damages for delays” clause, which limits damages for construction delays, accelerations and other… Continue reading Limitations of Liability— Scenario Two: No Damages for Delays Clauses