E. Carson Lange | Rogers Towers When preparing or negotiating the terms of construction contracts, parties often indicate where any dispute that may arise between the parties must be litigated. Courts will generally enforce such “venue” or “forum selection” clauses, and such clauses, when carefully worded, can be an effective means to control where a… Continue reading Where, Oh Where, Can My Lawsuit be Filed?
Category: Construction Contracts
Construction Contracts: Nothing Beats a Meeting of the Minds
Vicki R. Harding | Pepper Hamilton LLP | December 30, 2014 Waldschmidt v. Singletary Construction LLC (In re Tackett), 516 B.R. 498 (Bankr. M.D. Tenn. 2014) – A bankruptcy trustee sought turnover of profits from the sale of homes constructed by a contractor. The trustee contended that there were contracts between the debtor and the contractor… Continue reading Construction Contracts: Nothing Beats a Meeting of the Minds
Ohio Appellate Court Enforces Notice Provision and Denies Contractor Delay Damages
David J. Dirisamer | Barnes & Thornburg LLP | December 15, 2014 In Boone Coleman Construction, Inc. v. Village of Piketon, 2014-Ohio-2377, an Ohio appellate court held that a liquidated damages provision totaling almost one-third of the contract price was unenforceable against a general contractor. At the same time, the court affirmed summary judgment on the… Continue reading Ohio Appellate Court Enforces Notice Provision and Denies Contractor Delay Damages
5 Contract Phrases that Could Cost Construction Clients
Insurance Business | December 15, 2014 The intricacies of insurance requirements in construction contracts seem like they’ve never been denser. According to a new white paper from Lockton Companies, insurance carriers are increasingly implementing restrictive additional insured endorsements, making full transfer of contributory negligence difficult. “There is a wide array of words and phrases that… Continue reading 5 Contract Phrases that Could Cost Construction Clients
Architect’s Markings on Drawings Did Not Trump Terms of Construction Contract
Timothy J. Abeska | Barnes & Thornburg LLP | December 15, 2014 Construction contracts often incorporate multiple documents by reference. A recent Indiana case provides an example of a court enforcing contract provisions rather than markings on construction drawings that are inconsistent with contract requirements. Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc.,… Continue reading Architect’s Markings on Drawings Did Not Trump Terms of Construction Contract