Know Your Obligations Under Both the Prime Contract and Subcontract

Craig Martin | Construction Contractor Advisor | November 2, 2015 A recent case out of New Mexico highlights the importance for subcontractors to review their contract with the general and the contract between the general and the owner.  In Centex/Worthgroup, LLC v. Worthgroup Architects, L.P, the architect claimed that the limitation of liability clause in the… Continue reading Know Your Obligations Under Both the Prime Contract and Subcontract

“Contractor?” I do not think that employer’s liability exclusion means what you think it means

Jonathan Sterling | Carlton Fields Jorden Burt | October 30, 2015 Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started to turn, the U.S. Court of Appeals for the First Circuit put an… Continue reading “Contractor?” I do not think that employer’s liability exclusion means what you think it means

Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals

Garret Murai | California Construction Law Blog | October 26, 2015 It’s a tactic as old as war itself. You can often gain a strategic advantage by selecting the location of battle. The same is true in litigation. But as the next case illustrates, when it comes to disputes between contractors (and design professionals), it isn’t always… Continue reading Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals

Construction Contract Design & Construction Liability Waivers

Advise & Consult, Inc. | September 24, 2015 A construction contract is now more and more frequently being written to include liability waiver clauses.  These clauses are also growing in diversity as to which clause will limit the liability of each party included in the contract.  Lawsuits involving design professionals have been trending upwards for a… Continue reading Construction Contract Design & Construction Liability Waivers

Construction Contract Fundamental Rules

Advise & Consult, Inc. | August 24, 2015 Construction contracts are the basis for the involved parties to know what their obligations and legal responsibilities on a particular project.  Disputes and potential legal action risks are high when the parties do not have a contract, or when that contract is a verbal contract.  To file… Continue reading Construction Contract Fundamental Rules