Phillip L. Parham III | ConsensusDocs Flow-down clauses in construction subcontracts—blanket clauses providing that some or all of the terms and conditions in the prime contract between the general contractor and the property owner apply equally between the subcontractor and general contractor—are an important component to managing risk for a general contractor and reducing the… Continue reading Beyond the Flow-Down Clause: Subcontract Provisions That Can Expose General Contractors to Increased Liability and Inconsistent Outcomes
Weathering the Storm—Part 2: Understanding Liquidated and Consequential Damages in Construction Contracts
Patrick Kelly and Reynolds Sands | Gray Reed In the wake of increasingly frequent natural disasters, construction insurance has become more critical than ever. While many stakeholders view insurance as just another project cost, it is actually your first line of defense against catastrophic losses from wildfires, tornados, or hurricanes. Understanding your insurance options and… Continue reading Weathering the Storm—Part 2: Understanding Liquidated and Consequential Damages in Construction Contracts
Mechanic’s Liens: Examining and Enforcing Through Foreclosure Actions vs. Special Proceedings
Jose A. Aquino | Duane Morris In the matter of Arcadia Landing, LLC v. CVM Construction Corp., the Supreme Court, Appellate Division, Second Department, New York, recently rendered a decision concerning a mechanic’s lien filed by CVM Construction Corp. The petitioner, Arcadia Landing, LLC, demanded an itemized statement of the lien pursuant to Lien Law §… Continue reading Mechanic’s Liens: Examining and Enforcing Through Foreclosure Actions vs. Special Proceedings
Finger Pointing Betwen Liability Insurers and “Other Insurance” Provision
David Adelstein | Florida Construction Legal Updates It’s not uncommon when liability insurers point the finger at each other relating to which insurer should be deemed primary, which insurer should be excess, or whether a pro rata contribution between insurers applies. Typically, this needs to be decided by the “other insurance” provision in the insurance policy that… Continue reading Finger Pointing Betwen Liability Insurers and “Other Insurance” Provision
The ABCs of AIA Contracts: Legal Considerations
Shara Pipitone | DarrowEverett Whether you love them, hate them or this is your first-time hearing of them, the AIA form document set, created by the American Institute of Architects (AIA), are the most widely used forms in the construction industry today. AIA construction documents were intended to ease contract negotiations and the compliance process.… Continue reading The ABCs of AIA Contracts: Legal Considerations