Rachel Burkhart, Carl Pebworth and Caleb Tobin | Faegre Drinker Biddle & Reath Understanding a construction contract necessarily oscillates between text — what is written — and context — what is intended and meant. In today’s uncertain business environment, an appreciation for that inherent tug-of-war can help construction professionals deal more effectively with the fallout… Continue reading Text vs. Context: Why Construction Contract Interpretation Is Critical to Navigating COVID-19
Tag: Construction Contract
Connecticut Appellate Court Recognizes Cardinal Change Doctrine for the First Time
Niel Franzese | Construction Law Zone Changes are made to scopes of work on construction projects every day. In some cases, the contract party being asked to accept these changes is reluctant to do so, and views the changes to be so substantial as to result in a scope of work radically and materially different… Continue reading Connecticut Appellate Court Recognizes Cardinal Change Doctrine for the First Time
Tips for Drafting Construction Contracts
Stuart Rosen | Construction Executive When negotiating a construction contract, a contractor and its advisers must first determine the areas of greatest concern. For example, if the contractor believes that the drawings that were prepared by the architect and other design professionals are deficient, the contractor may want to reference those deficiencies in the contract.… Continue reading Tips for Drafting Construction Contracts
“Loophole” for Unauthorized and Improperly Bid Construction Contract Closed
Brianne Dunn and Jackie Gharapour Wernz | Franczek The Illinois Supreme Court’s recent decision in Restore Construction Company v. Board of Education of Proviso Township High Schools District 209 conclusively closed an unusual loophole through which public entities could, in some cases, avoid payment on a completed contract for services that was not authorized by its governing… Continue reading “Loophole” for Unauthorized and Improperly Bid Construction Contract Closed
What Lies Beneath (And Who Pays for It?): Common Issues Arising Under the Differing Site Conditions Clause
Anthony J. LaPlaca | Seyfarth Shaw For projects that involve excavation or foundation work, even the most diligent pre-bid site survey may not fully inform the contractor of what conditions to expect below the surface. The risks of encountering unforeseen subsurface conditions are so high that, rather than encouraging bidders to include large contingencies in… Continue reading What Lies Beneath (And Who Pays for It?): Common Issues Arising Under the Differing Site Conditions Clause