The Broccoli Incident: Making Sure You Ask for What You Want In Construction Claims

Matthew J. DeVries | Best Practices Construction Law | November 22, 2019 You may have met my 22 year old Princess when she was 11. A few years ago, I was teaching her about grace … undeserved merit or favor. Well, my daughter was stalling and delaying on eating her meal … by almost an hour. So,… Continue reading The Broccoli Incident: Making Sure You Ask for What You Want In Construction Claims

Eight Ways to Protect a Construction Company Before a Claim Is Filed

Mary Bacon | Construction Executive | September 10, 2019 Claims are inevitable in the construction industry. They can take on a life of their own and come with the burden of legal fees, wasted executive time and a possible judgment. Too often the only winners are the lawyers.  TIPS FOR PROTECTING MANAGEMENT AND THE BUSINESS… Continue reading Eight Ways to Protect a Construction Company Before a Claim Is Filed

Know When Your Claim “Accrues” or Risk Losing It

Christopher G. Hill | Construction Law Musings | June 3, 2019 I have discussed statutes of limitation on construction claims in various contexts from issues with a disconnect on state projects to questions of continuous breach here at Construction Law Musings.  For those that are first time readers, the statute of limitations is the time during which a plaintiff… Continue reading Know When Your Claim “Accrues” or Risk Losing It

Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?

David K. Taylor and Kyle M. Doiron | Bradley Arant Boult Cummings LLP | May 2, 2019 Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised, including whether a claim is barred… Continue reading Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?

Is Equipment Installed As Part Of Building Renovations A “Product” Or “Construction”?

Joshua Lane | Ahlers Cressman & Sleight | March 20, 2019 A statute of repose terminates the right to file a claim after a specified time even if the injury has not yet occurred.[1] The construction statute of repose bars claims arising from construction, design, or engineering of any improvement upon real property that has… Continue reading Is Equipment Installed As Part Of Building Renovations A “Product” Or “Construction”?