Category: Construction Contracts

Default Termination: Construction Contract’s Death Penalty

Eugene J. Heady – November 10, 2013 Most well-drafted construction subcontracts expressly recognize the general contractor’s right to terminate the subcontract upon the default of the subcontractor.  Typically, the specific events and circumstances that constitute a default are enumerated in the subcontract.  A typical subcontract, for example, may provide that the subcontractor shall be deemed… Continue reading Default Termination: Construction Contract’s Death Penalty

Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.

Richard Dyer – October 18, 2013 Many CGL policies typically include an endorsement that contains a clause providing for automatic additional insured status without a project specific schedule listing names of additional insureds.  (See, for example, form CG 2033 0704, “Additional Insured-Owners, Lessees or Contractors – Automatic Status When Required in Construction Agreement With You”). … Continue reading Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.

Home Defect Case Highlights Option-to-Purchase Pitfall Under Mutual Mistake Doctrine

Joe Forward, WisBar News – September 19, 2013 A couple who designed and built a home containing defects is not liable to the couple who bought the home, a state appeals court has ruled. The ruling is a contract warning for home buyers who lease homes with an option-to-purchase. Buyers Niksa and Kelly Ivancevic brought… Continue reading Home Defect Case Highlights Option-to-Purchase Pitfall Under Mutual Mistake Doctrine