Bart Reed | Stoel Rives Limitation of liability (LOL) clauses are a standard fixture in contracts involving architects, engineers, and other design professionals—particularly because these parties often have limited assets and depend on such provisions to manage risk. However, Washington legal authority suggests these clauses may not offer the ironclad protection many expect. While LOL… Continue reading Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?
Tag: Construction Contract
If It’s Not In The Contract, Don’t Count On Consequential Damages
Jose A. Aquino | Duane Morris A recent decision by the New York State Supreme Court, Appellate Division, Fourth Department, in James Vermillion v. The Roofing Guys, Inc., sheds light on the limitations of consequential damages in breach of contract cases. The ruling reinforces the principle that damages are only recoverable if they were reasonably contemplated… Continue reading If It’s Not In The Contract, Don’t Count On Consequential Damages
Not All Construction Performance Bonds Are Created Equally
John Mark Goodman | BuildSmart The Oklahoma Supreme Court has rejected a contractor’s performance bond claim due to the lack of adequate notice to the subcontractor’s surety (see Flintco LLC v. Total Installation Management Specialists, Inc., No. 120,100 (Okla. May 28, 2025)). The case involves the construction of three student housing buildings on the campus of Oklahoma… Continue reading Not All Construction Performance Bonds Are Created Equally
The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View
Geoff Adair, Lindsay Rowell, Alyssa Shivji, Marianne Smith, Randell Trombley and David Tupper | Blake, Cassels & Graydon Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts. A thoughtful approach to the negotiation and drafting of contractual dispute resolution clauses can help ensure that disputes are resolved in… Continue reading The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View
If a Construction Dispute Arises, Should You Arbitrate or Litigate?
Allen Major and Erin C. Borek | Phillips Lytle All parties should weigh the pros and cons of arbitration and litigation before entering into a construction contract. Disputes arising from construction projects can be highly technical, logistically complex and involve multiple parties with multiple claims. A construction arbitrator – who is typically a construction industry… Continue reading If a Construction Dispute Arises, Should You Arbitrate or Litigate?