John Mark Goodman | BuildSmart Many construction contracts these days include an arbitration provision. Those provisions generally provide that disputes between the parties will be resolved through private arbitration rather than litigation in the public court system. As with other contractual rights, the right to invoke arbitration is waivable. Waiver may be accomplished expressly or… Continue reading No Games Allowed: Right to Arbitrate Waived by Filing Suit and Waiting to Request Arbitration
Tag: Construction Contract
Best Practices When Terminating for Cause a Downstream Contractor/Subcontractor
Jeffrey Bright | Offit Kurman Terminating for cause a downstream contractor (or subcontractor) is considered the “nuclear option” when handling breaches of contract. Terminating for cause usually increases the risks and likelihood of litigation. Frequently, by the time the terminating party contacts the lawyer, it has already made the decision to terminate and wants the… Continue reading Best Practices When Terminating for Cause a Downstream Contractor/Subcontractor
Your AI Tool Could Be Your Next Breach of Contract
Laurie Choi and Christian Fernandez | Snell & Wilmer Like many industries, the construction industry is rapidly adopting artificial intelligence. AI-powered tools now help construction teams estimate costs, transcribe meetings, summarize RFIs, model schedules, and manage project documents faster than ever before. But amid this rush toward efficiency, a serious risk hides in plain sight:… Continue reading Your AI Tool Could Be Your Next Breach of Contract
3rd District Analyzes Liquidated Damages Provision, Contingency Risk Multiplier in Context of Construction Contract
Nathan R. Woods | Marshall Dennehey Alan Kent Little v. Bath & Kitchen Boutique, LLC, 51 Fla. L. Weekly D1073 (Fla. 3rd DCA, May 27, 2026)\ Alan Little and Bath & Kitchen Boutique, LLC (BKB) entered into an agreement wherein BKB would design and renovate Little’s master bathroom. A portion of BKB’s work failed to… Continue reading 3rd District Analyzes Liquidated Damages Provision, Contingency Risk Multiplier in Context of Construction Contract
Contractor Prevails on Contractual Risk of Loss Provision
Nathan R. Woods | Marshall Dennehey Carnaval Home hired Berman Construction to renovate an existing home owned by Carnaval. Their contract set the date of substantial completion at September 4, 2019, and included a risk of loss provision placing risk predominantly on Carnaval. Berman hired subcontractors, including an electrician and project supervisor, to carry out… Continue reading Contractor Prevails on Contractual Risk of Loss Provision