Spencer Wiegard – November 9, 2012 Over the past few days, I have found myself wading through the terms and conditions of a lengthy and complicated construction contract, while at the same time considering what topic I should write about. As I slogged through the legalese, I was reminded of a presentation that I gave… Continue reading Top Five General Tips for All Construction Contracts
Category: Construction Contracts
One-Sided Construction Contracts and their Limitations | Construction Law Carolinas
Gregory L. Shelton – November 16, 2012 I. Introduction We attorneys often hammer home the importance of reviewing and negotiating solid construction contracts. Standard industry contracts offered by ConsensusDOCS, the American Institute of Architects, the Design Build Institute of America, and others, provide a good foundation for negotiations because they are reasonably fair and generally… Continue reading One-Sided Construction Contracts and their Limitations | Construction Law Carolinas
Owner’s Material Breach may Excuse Contractor from Obligation to Perform
Alston & Bird, LLP – September 12, 2012 When things go wrong on a construction project, parties often engage in a “you-breached-no-you-breached” scenario. In a recent Texas case, an owner and contractor both alleged the other party breached the contract first, thus excusing their own further performance. The owner, who was also the general contractor,… Continue reading Owner’s Material Breach may Excuse Contractor from Obligation to Perform
Designation of Non-Parties at Fault in Construction Defect Cases is not as Straightforward as it First Seems
Jonathan M. Allen – September 14, 2012 In Colorado construction defect cases, defendants often designate non-parties at fault under a Colorado statute that allows for the fact-finder to apportion fault between parties and non-parties. See C.R.S. § 13-21-111.5(3). Issues frequently arise involving whether builders owe non-delegable duties of care, thus rendering designation of non-parties at… Continue reading Designation of Non-Parties at Fault in Construction Defect Cases is not as Straightforward as it First Seems
Arbitration Clause Enforcement
Joseph J. Dinardo – October 5, 2012 Construction professionals across the country should be aware that courts will go to great lengths to enforce arbitration provisions whenever possible. This trend is due in part to the fact that the dockets of many courts are now more crowded than ever and judges seek for ways to… Continue reading Arbitration Clause Enforcement