Predictive Coding and Litigating Force Majeure Clauses in Construction Contracts

Drew Lewis, Esq. – Recommind – August 29, 2014 Construction lawyers understand the importance of a comprehensive force majeure clause.  But in an increasingly tumultuous world where extraordinary events are difficult to predict, where can litigators find the evidence to support (or refute) claims of impossibility or impracticability?  Increasingly, the answer is in their client’s… Continue reading Predictive Coding and Litigating Force Majeure Clauses in Construction Contracts

Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable

Ross A. Hoogerhyde – Gordon & Rees LLP – August 25, 2014 The Colorado Legislature enacted the Homeowner Protection Act (HPA), C.R.S. § 13-20-806(7), in response to unequal bargaining power between builders/developers and home buyers.  The Legislature was concerned that builders/developers included onerous clauses in form home purchase agreements that limited their liability for any… Continue reading Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable