Craig Martin | Construction Contractor Advisor | May 4, 2015 It seems that every construction contract now-a-days, contains an indemnity clause. Contractors should be reviewing these indemnity clauses very carefully to understand the potential scope of an indemnity obligation and your opportunity to negotiate changes. What is an indemnity Clause? An indemnity clause transfers risk from… Continue reading Indemnity Clauses—What do they mean, and what should you be looking for?
Tag: Construction Contract
Award of Attorneys’ Fees in Construction Dispute Founded Solely on AAA Rules
Kenneth A. Slavens | Husch Blackwell LLP | May 5, 2015 On Tuesday, April 21, 2015, the Missouri Court of Appeals issued its decision in City of Chesterfield v. Frederich Construction Inc., et al. The Court of Appeals confirmed an arbitration award that included the payment of attorneys’ fees despite the lack of contractual provision… Continue reading Award of Attorneys’ Fees in Construction Dispute Founded Solely on AAA Rules
Ohio Appellate Court Enforces Notice Provision and Denies Contractor Delay Damages
David J. Dirisamer | Barnes & Thornburg LLP | December 15, 2014 In Boone Coleman Construction, Inc. v. Village of Piketon, 2014-Ohio-2377, an Ohio appellate court held that a liquidated damages provision totaling almost one-third of the contract price was unenforceable against a general contractor. At the same time, the court affirmed summary judgment on the… Continue reading Ohio Appellate Court Enforces Notice Provision and Denies Contractor Delay Damages
Architect’s Markings on Drawings Did Not Trump Terms of Construction Contract
Timothy J. Abeska | Barnes & Thornburg LLP | December 15, 2014 Construction contracts often incorporate multiple documents by reference. A recent Indiana case provides an example of a court enforcing contract provisions rather than markings on construction drawings that are inconsistent with contract requirements. Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc.,… Continue reading Architect’s Markings on Drawings Did Not Trump Terms of Construction Contract
A Cautionary Tale for General Contractors
Hopkins & Carley | November 25, 2014 Construction lenders often go to great lengths to ensure their deeds of trust have priority over mechanic’s liens. Typically, as part of the construction loan process, general contractors are asked to sign documents consenting to the owner’s assignment of the construction contract to the lender. According to a… Continue reading A Cautionary Tale for General Contractors