David A. Eisenberg – February 25, 2014 When was the last time you read your contract? Or the last time you sidestepped a contractual provision because it was “too formal” or “impractical?” A general contractor recently learned the hard way that if you want to enforce your contract or impose a lien on a project,… Continue reading Know Your Contract, Follow its Terms: Simple Steps that can Help you Prevail in a Dispute
Category: Construction Contracts
Today’s Contacts Enforceability Issue: No Damages for Delay or Disruption Clauses
Josh M. Leavitt – February 25, 2014 We start our series of articles on multi-state variations in the treatment of contract risk with one of the most common sources of legal disputes on construction projects: scheduling, time impacts, and disruptions. Schedule-related disputes are usually fact-intensive, often require scheduling consultants, are time consuming and — if… Continue reading Today’s Contacts Enforceability Issue: No Damages for Delay or Disruption Clauses
You May Think it’s Enforceable, but it’s not: Drafting Contract Provisions that Hold up in your Jurisdiction
Josh M. Leavitt – February 25, 2014 Clients are often surprised to find out that contract provisions they thought protected them are, in fact, not enforceable. This certainly can be because the contract wasn’t prepared by a seasoned construction lawyer. But even the most sophisticated clients can be caught by surprise when they discover that… Continue reading You May Think it’s Enforceable, but it’s not: Drafting Contract Provisions that Hold up in your Jurisdiction
Itemization of Mechanic’s Lien not Necessary Where Construction Contract Apprised Owner of Lienor’s Claim
Jose A. Aquino – February 18, 2014 New York Lien Law § 38 states that the holder of a mechanic’s lien “shall, on demand in writing, deliver to the owner or contractor making such demand a statement in writing which shall set forth the items of labor and/or material and the value thereof which make… Continue reading Itemization of Mechanic’s Lien not Necessary Where Construction Contract Apprised Owner of Lienor’s Claim
“Texas Supreme Court Issues Ewing Opinion”
Amy K. Wolfshohl – January 27, 2014 Impact on Contractor’s Insurance Coverage On Friday, January 17, 2014, the Texas Supreme Court issued the long awaited and much anticipated Ewing Construction v. Amerisure Insurance opinion. You may have heard that the ruling was a big victory for contractors, but you are probably wondering what that means for contractor’s insurance coverage… Continue reading “Texas Supreme Court Issues Ewing Opinion”