Christopher G. Hill | Construction Law Musings Welcome to 2020! I thought I’d start with a case that adds a twist to the Uniwest case that has been discussed previously here at Construction Law Musings. Uniwest essentially held that indemnification provisions in construction contracts that purport to indemnify an indemnitee for its own negligence violates Virginia Code Sec. 11-4.1. In short, Uniwest and later cases… Continue reading Another Twist on Uniwest and Indemnification
Tag: Construction Contract
Proving Impacts to Critical Path to Defeat Liquidated Damages Assessment
David Adelstein | Florida Construction Legal Updates When a contractor is staring down the barrel of an owner’s assessment of liquidated damages, the burden will fall on the contractor to establish that the delay was attributable to the owner and the owner’s agents. The contractor will want to do this not only to defeat the… Continue reading Proving Impacts to Critical Path to Defeat Liquidated Damages Assessment
Once Again: Contract Terms Matter
Christopher G. Hill | Construction Law Musings I know, you’ve heard this over and over again here at Construction Law Musings: courts in Virginia will interpret a contract strictly and in a manner that gives meaning to its unambiguous terms. A recent case out of the Eastern District of Virginia federal court, White Oak Power Constructors v. Mitsubishi Hitachi… Continue reading Once Again: Contract Terms Matter
Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?
Christine Fan and Ted Gropman | Pepper Hamilton Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs and limits the contractor’s remedy to an extension of time for noncontractor-caused delays to a project’s completion date. Depending on the nature of the delay and the… Continue reading Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?
Single Contractor Not Precluded from Providing Both Design and Construction Services
Jennifer Brandenburg, Michael Maurer and Gary Schons | Best Best & Krieger | December 4, 2019 A contractor that had two separate contracts with a school district — one for preconstruction services and the other for construction services — did not have a disqualifying conflict of interest, a California appellate court held. The decision provides… Continue reading Single Contractor Not Precluded from Providing Both Design and Construction Services