Brian Perlberg | ConsensusDocs I recently took the AGC Lean Construction Educations Program Units 1-7. After studying diligently, I’m happy to say that I passed the exam and earned my CM-Lean credential. Surprisingly, this makes me the first attorney to earn this distinction out of over 1,200 CM-Lean holders. So why is a construction attorney learning about lean?… Continue reading Get Your Contracts Lean- Its Better than Dieting
Tag: Construction Contract
Update: Lawyers Can Be Bound to Confidentiality Provision in Settlement Agreement
Danielle Ward | Balestreri Potocki & Holmes In July 2019, the California Supreme Court ruled that an attorney’s signature under the often-used phrase “approved as to form and content” does not preclude a finding that the attorney could be bound to the terms of a settlement agreement. (Monster Energy Co. v. Schechter (2019) 7 Cal.5th… Continue reading Update: Lawyers Can Be Bound to Confidentiality Provision in Settlement Agreement
Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
Stanley A. Martin | Commonsense Construction Law Construction of an apartment building was completed in 2005, under a contract with an arbitration clause. The building was sold in 2015, and the seller assigned its rights under the construction contract to the buyer. In 2018, one or more balconies on the building collapsed. Subsequent investigation showed… Continue reading Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
Allocation of Risk in Construction Contracts (Updated)
Ellis Baker, Ibaad Hakim and Richard Hill | White & Case Risk in construction contracts ‘Risk’, in a project delivery context, can be defined as ‘an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the project’s objectives’.1 Risk exists as a consequence… Continue reading Allocation of Risk in Construction Contracts (Updated)
Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause
Aimee Cook Oleson | Construction & Infrastructure Law Blog Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. It is not uncommon for parties to simply re-use the indemnity language from a prior agreement without considering whether… Continue reading Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause