Category: Construction Contracts
Texas Supreme Court holds Contractor’s Agreement to Complete Work in a “Good and Workmanlike Manner” not an Agreement to Assume Liability for its Defective Work
George B. Hall, Jr. – Phelps Dunbar LLP On certified questions from the U.S. Fifth Circuit Court of Appeals, the Texas Supreme Court held that a contractor’s agreement to complete its work in a “good and workmanlike manner” does not enlarge its duty to exercise ordinary care in fulfilling its contract, and thus does not… Continue reading Texas Supreme Court holds Contractor’s Agreement to Complete Work in a “Good and Workmanlike Manner” not an Agreement to Assume Liability for its Defective Work
Dot Your I’s and Cross Your T’s on Ohio’s Prompt Pay Act
Earl K. Messer – April 4, 2014 Ohio’s Prompt Pay Act has real teeth. If a higher-tier contractor is paid for work done by a lower tier and does not pay that lower tier within ten days, the higher-tier contractor may find itself paying 18% interest on the withheld funds and the lower tier’s attorneys… Continue reading Dot Your I’s and Cross Your T’s on Ohio’s Prompt Pay Act
Know When to Provide Notice Under Your Construction Contract
Craig Martin – April 1, 2014 Time and time again, courts rule that contractors must follow notice requirements in order to submit a claim for additional time or compensation. This blog looks at yet another example of a contractor that failed to follow the notice requirements and lost its demand for additional pay. This case,… Continue reading Know When to Provide Notice Under Your Construction Contract
Washington Supreme Court Permits $1.5m Damages Claim to Proceed Against Engineering Firm Under “Independent Duty Doctrine”
Clayton Graham – March 13, 2014 In a recent decision decided on a narrow 5-to-4 vote, the Washington Supreme Court declined to bar a couple’s negligence claims against an engineering firm based on a contractual limitation of liability, permitting the couple to continue pursuing their damages claims in King County Superior Court. The parties to… Continue reading Washington Supreme Court Permits $1.5m Damages Claim to Proceed Against Engineering Firm Under “Independent Duty Doctrine”