Craig Martin | Construction Contractor Advisor | February 15, 2015 A recent article in the Construction Executive discussed the importance of preserving your claim, both in terms of timeliness of submitting your claim and making sure that you aren’t waiving portions of your claim when executing releases. These are all excellent points and bear some follow-up.… Continue reading Preserving Your Construction Claim
Category: Construction Contracts
Oregon Appellate Case Limits Duty to Defend in Construction Contracts
Daniel J. Nichols | Gordon & Rees LLP | February 2, 2015 In Sunset Presbyterian Church v. Anderson Constr. Co., 268 Or. App. 309 (Dec. 31, 2014), the Oregon Court of Appeals curtailed the damages available from a breach of a duty to defend obligation in an Oregon construction contract. The court affirmed a trial… Continue reading Oregon Appellate Case Limits Duty to Defend in Construction Contracts
AIA Contract Dispute Resolution Choices – What Does “Other” Mean?
Stan Martin | Duane Morris LLP | January 28, 2015 The AIA contract forms include three options for dispute resolution: arbitration, litigation, and “other.” A Connecticut Superior Court judge has concluded that parties who chose “other” by specifying “Architect” were in fact choosing arbitration by the project architect. Thus, when the contractor didn’t file a… Continue reading AIA Contract Dispute Resolution Choices – What Does “Other” Mean?
Improvements to AIA Contracts?
Craig Martin | Construction Contractor Advisor | February 5, 2013 Joel Sciascia, general counsel for the construction management company Pavarini McGovern, made some insightful comments in the Viewpoint section of the latest Engineering News Record magazine. He argues that architects should not be the initial decision maker (“IDM”) under AIA contracts. Instead of using the architect, Mr. Sciascia… Continue reading Improvements to AIA Contracts?
Why Attorney Fees Provisions Must Be in Your Contracts
Christopher G. Hill | Construction Law Musings | January 22, 2015 This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its… Continue reading Why Attorney Fees Provisions Must Be in Your Contracts