Daniel Miske | Husch Blackwell | September 19, 2019 Summary The US Court of Appeals for the 4th Circuit held that a subrogation waiver provision in a construction contract barred an association’s insurance company from seeking to recover from an allegedly negligent contractor. Facts United National Insurance Company v. Peninsula Roofing Company, Inc.: Pelican Beach Condominium… Continue reading Association Construction Contracts – What Are Risks Of That Waiver Of Subrogation Term
Tag: Construction Contract
Does The Christian Doctrine Apply To Subcontractors?
George Stewart, III | Husch Blackwell | September 16, 2019 Under the Christian Doctrine, prime contractors face the risk of having a court or a board of contract appeals read a clause into their contracts, even if it was omitted from the contract that they signed. In this entry we discuss whether the Christian Doctrine applies to subcontractors. The Christian Doctrine… Continue reading Does The Christian Doctrine Apply To Subcontractors?
Blockchain and Smart Contracts May Solve the Unsolvable Problem in Construction
Thomas D. Franklin and Brian R. Gaudet | Kilpatrick Townsend & Stockton | August 22, 2019 Every construction project, from contract negotiation through the payment of the final pay application, suffers from the same conundrum born out of every parties’ desire for certainty and finality. That problem is the issue of the exchange of lien… Continue reading Blockchain and Smart Contracts May Solve the Unsolvable Problem in Construction
Lump Sum Subcontract? Perhaps Not.
David Adelstein | Florida Construction Legal Updates | June 15, 2019 Lump sum subcontract? Perhaps not due to a recent ruling where the trial court said “No!” based on the language in the subcontract and contract documents generally incorporated into the subcontract. This is a ruling on an interpretation of a subcontract and contract documents incorporated… Continue reading Lump Sum Subcontract? Perhaps Not.
A Teaming Agreement is Still a Contract (or, Be Careful with Agreements to Agree)
Christopher G. Hill | Construction Law Musings | August 19, 2019 I have discussed teaming agreements in this past here at Construction Law Musings. These agreements are most typically where one of two entities meets a contracting requirement but may not have the capacity to fulfill a contract on its own so brings in another entity to… Continue reading A Teaming Agreement is Still a Contract (or, Be Careful with Agreements to Agree)