Christine Fan | Pepper Hamilton | October 25, 2019 Chinese Hosp. Ass’n v. Jacobs Eng’g Grp., Inc., 2019 BL 330340, 2 (N.D. Cal. Sept. 03, 2019) This case arises out of the alleged breach of contract and defective design for the construction of a new hospital in San Francisco. During construction, property owner and plaintiff… Continue reading Owner Did Not Waive Right to Damages by Terminating Design Contract for Convenience
Tag: Construction Contract
Why Builders Should Reconsider Arbitration Clauses in Construction Contracts
David M. McLain | Colorado Construction Litigation | September 23, 2019 My advice to home builders has long been to arbitrate construction defect claims instead of litigating them in front of juries. Based on my experience and watching others litigate claims, I have learned that home builders usually fare better in arbitration than in jury trials,… Continue reading Why Builders Should Reconsider Arbitration Clauses in Construction Contracts
Is Your Indemnity Agreement Enforceable? How to Not Miss Out on this Critical Step in Risk Management
Maura Winters | Cozen O’Connor | September 30, 2019 Generally, indemnity agreements in construction contracts are a promise by which one party (the indemnitor) agrees to defend, indemnify, or hold harmless the other party (the indemnitee) for acts or omissions related to the project. The enforceability of indemnity agreements is a battle that will likely… Continue reading Is Your Indemnity Agreement Enforceable? How to Not Miss Out on this Critical Step in Risk Management
Should You Use Integrated Project Delivery on Your Next Construction Project?
R. Thomas Dunn | Pierce Atwood | August 21, 2019 Complex construction projects have many moving parts and numerous stakeholders. Each project often contains its own unique challenges and obstacles. Finding the right solution does not often come by trying to utilize a one-size-fits-all approach. Indeed, complex issues call at times for customized responses. Discerning… Continue reading Should You Use Integrated Project Delivery on Your Next Construction Project?
“I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties
Rahul Gogineni | The Subrogation Strategist | June 27, 2019 In Gables Construction v. Red Coats, 2019 Md. App. LEXIS 419, Maryland’s Court of Special Appeals considered whether a contractual waiver of subrogation in the prime contract for a construction project barred a third party – a fire watch vendor hired to guard the worksite –… Continue reading “I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties