Laurence (Trip) W. DeMuth, III – February 26, 2014 Construction disputes should be determined by the facts. It’s a fair and simple concept – the facts will establish the truth and establishing the truth will lead to a just result. But establishing the facts can be difficult. First and foremost, witnesses are needed. And there… Continue reading Does the Need for Witness Testimony Trump a Forum-Selection Clause?
Know Your Contract, Follow its Terms: Simple Steps that can Help you Prevail in a Dispute
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
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
Editorial: Silica Exposure Lawsuits: The Next Toxic Tort?
Philip R. Stein – Bilzin Sumberg Baena Price & Axelrod LLP