Patrick Tighe | Snell & Wilmer Many construction contracts include a clause that allows an owner to terminate a contractor’s remaining work on a project at the owner’s convenience. And during a global pandemic and these turbulent economic times, termination for convenience clauses are receiving renewed attention, including under what circumstances an owner may not… Continue reading Bad Faith Termination for Convenience
Tag: Construction Contract
Issues Impacting Enforceability of Liquidated Damages in Construction Contracts
Luke Tompkins | Ward and Smith Liquidated damages provisions are common in construction contracts to guard against damages that the owner or a contractor might suffer if a project is delayed beyond the completion date set forth in the contract. These provisions appear in both public and private construction contracts. Oftentimes, the owner of a… Continue reading Issues Impacting Enforceability of Liquidated Damages in Construction Contracts
How Will Today’s Pandemic Impact Tomorrow’s Construction Contracts?
Levi W. Barrett, Nathan A. Cohen and Mark A. Snyder | Peckar & Abramson The emergence of COVID-19 has created a new set of challenges in the already complex world of negotiating construction contracts. In the pre-COVID-19 era, general contractors, construction managers and those negotiating on their behalf, needed to balance a variety of fairly… Continue reading How Will Today’s Pandemic Impact Tomorrow’s Construction Contracts?
Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers
Matthew DeVries | Best Practices Construction Law It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. And yet we see a claim for… Continue reading Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers
Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and “Time is of the Essence” Clauses in Contracts
Allison Wiseman Acker, Shayne R. Clinton, John W. Dawson IV, Brian M. Dodds, Jeff Gibson, L. Wearen Hughes and John S. Golwen | Bass, Berry & Sims While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction… Continue reading Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and “Time is of the Essence” Clauses in Contracts