Antony L. Sanacory – October 2, 2012 Claims and disputes are common In the construction industry – projects are unpredictable and problems can occur for any number of reasons (e.g., poor weather and site conditions, material cost increases, design changes and delays, the owner’s decision to cancel the project, or any combination of these and… Continue reading Dispute Resolution Provisions in Construction Contracts
Category: Construction Contracts
Construction Defect Claims: An Update [Part 1]
Thomas F. Segalla, Matthew S. Lerner and Han K. Kim – October 1, 2012 Construction defect coverage and liability litigation continues to be jurisdictionally specific and dictated by the relevant terms, conditions, limitations, exclusions and endorsements contained in the policy of insurance at issue. An assessment of the cases reported in this update indicates that… Continue reading Construction Defect Claims: An Update [Part 1]
Construction Manager’s Obligations may Include Duties to Subcontractors
Alston & Bird – September 12, 2012 Parties often question what, if any, standard of care construction managers (CMs) owe on a project. The 7th Circuit Court of Appeals recently addressed this question when a “greenhorn” carpenter was injured while trying to make repairs on the upper floors of a Trump Tower construction project in… Continue reading Construction Manager’s Obligations may Include Duties to Subcontractors
New Indemnity Law Protects Subcontractors
Maria J. Giardina – July 19, 2012 California Senate Bill 474 prohibits a contract provision requiring a subcontractor to indemnify a general contractor, construction manager, or other subcontractor for claims arising out of their “active negligence.” This bill, which becomes effective January 2013, represents a major legislative victory for subcontractors and establishes other important protections… Continue reading New Indemnity Law Protects Subcontractors
What is a “Pay if Paid” Contract Clause and Can it Apply to a Construction Subcontractor?
Construction Law Info Blog – July 10, 2012 What constitutes a “pay-if-paid” construction contract clause? The United States Court of Appeals for the Third Circuit recently addressed this question in Sloan v. Liberty Mutual Insurance Company, 653 F.3d 175 (3d Cir. 2011). That case involved a waterfront condominium in Philadelphia. Isla of Capri Associates LP,… Continue reading What is a “Pay if Paid” Contract Clause and Can it Apply to a Construction Subcontractor?