FTI Consulting Time and money are often seen as going hand in hand in construction contracts. In a typical employer contractor relationship, if the project is delayed by matters for which the contractor is responsible (non-excusable delay events), then the contractor may find itself liable to the employer for damages. Damages payable to an employer… Continue reading Time is Money…Except When It Isn’t – Financial Consequences of Extensions of Time in Construction Contracts
Tag: Construction Contract
Subrogation Claims And Arbitration Clauses In Construction Contracts
David H. Fisk | Kane Russell Coleman Logan In Texas, while an insurer can assert a subrogation claim independently of its insured, the insurer still stands in the shoes of its insured, meaning the insurer’s claims are limited to those the insured could bring and are subject to the same defenses. A common defense when… Continue reading Subrogation Claims And Arbitration Clauses In Construction Contracts
What Does “Defend, Indemnify and Hold Harmless” Mean?
Nicole E. Roberts, David H. Sweeney and Tyler M. Andrews | Akin Gump Strauss Hauer & Feld The phase “defend, indemnify, and hold harmless” is found in many, if not most, contracts with liability allocation provisions, across multiple industries. However, many parties do not have a complete understanding of what, exactly, these words mean. The… Continue reading What Does “Defend, Indemnify and Hold Harmless” Mean?
Is it the End of the Lease-Leaseback Shootouts? Maybe.
Garret Murai | California Construction Law Blog It’s the case that has turned into a modern day Hatfield versus McCoy – McGee v. Torrance Unified School District, Case No. 8298122, 2nd District Court of Appeals (May 29, 2020) – a series of cases challenging the validity of certain lease-leaseback construction contracts in California. In shootout number… Continue reading Is it the End of the Lease-Leaseback Shootouts? Maybe.
California Mechanics’ Lien Case Treads Both Old and New Ground
Garret Murai | California Construction Law Blog People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a 10-plus year oral design and construction contract, inconsistent accounting practices, two mechanics liens, and side-agreements, takes us down some well traveled paths but… Continue reading California Mechanics’ Lien Case Treads Both Old and New Ground