Kent B. Scott | Babcock Scott & Babcock Introduction. Contingent payment clauses provide parties involved in a construction project with a contractual method for determining who will absorb losses that may occur if the owner fails to pay for work performed on the project. In Utah, the law remains unsettled in this area, though some… Continue reading Contingent Payment Clauses in Utah “Deal or No Deal?”
Tag: Construction Contract
Underestimating Work Doesn’t Make Contract Ambiguous
Lyndon F. Bittle | Carrington Coleman The Dallas Court of Appeals affirmed summary judgment for a general contractor, holding its subcontractor was bound by the contract price, even if the subcontractor underestimated the amount of work required to complete the project. Lancaster ISD hired Pogue Construction to build two elementary schools. Pogue subcontracted the excavation… Continue reading Underestimating Work Doesn’t Make Contract Ambiguous
No-Damages-for-Delay Clauses and the COVID-19 Crisis
Scott Paton | Hodgson Russ Although “construction” was originally deemed by Governor Cuomo to be “essential”, and thus exempt from the restrictions imposed by his March 18, 2020 Executive Order, that has since changed. Through subsequent Executive Orders, as interpreted by various State agencies, the reach of COVID-19 has extended deeply into the construction industry… Continue reading No-Damages-for-Delay Clauses and the COVID-19 Crisis
Wait! Don’t Sign Yet: Reviewing Contract Protections During the COVID Pandemic
Danielle S. Ward | Balestreri Potocki & Holmes As the circumstances of the COVID pandemic change day by day, and we all rush to keep business moving where and when we can, companies should consider hitting the “pause button” before renewing or executing any new contracts. Developing contracts often takes considerable time and expense, and… Continue reading Wait! Don’t Sign Yet: Reviewing Contract Protections During the COVID Pandemic
Construction Project Shutdowns: Know Your General Contract Terms for Force Majeure, Suspension, and Termination
John P. Martin | McCarter & English As state and local governments shut down construction projects in response to the COVID-19 pandemic, project owners and contractors should review closely the general contracts for their projects to determine what consequences shutdown orders will have on those projects. While every contract is unique, the terms negotiated for… Continue reading Construction Project Shutdowns: Know Your General Contract Terms for Force Majeure, Suspension, and Termination