George M. Nicholos | Vandeventer Black LLP | June 4, 2019 Contract terms addressing indemnity and requirements to hold another harmless or responsible for the defense of another are contract terms that appear in virtually all construction contracts. Despite their almost universal incorporation, they are frequently misunderstood! Everyday business decisions are made, and contracts incorporating… Continue reading To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms – Let’s Review
Tag: Construction Contract
California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion
Garret Murai | California Construction Law Blog | June 5, 2019 It’s not uncommon for construction contracts to include indemnity provisions requiring the indemnitor (typically, the lower-tiered party) to “defend, indemnify and hold harmless” the indemnitee (typically, the higher-tiered party) from third-party claims. But when an indemnitor refuses to defend an indemnitee, who gets decide… Continue reading California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion
Know When Your Claim “Accrues” or Risk Losing It
Christopher G. Hill | Construction Law Musings | June 3, 2019 I have discussed statutes of limitation on construction claims in various contexts from issues with a disconnect on state projects to questions of continuous breach here at Construction Law Musings. For those that are first time readers, the statute of limitations is the time during which a plaintiff… Continue reading Know When Your Claim “Accrues” or Risk Losing It
Limiting Liability: Three Clauses to Consider in your Next Construction Contract
Tara E. Lynch | Gordon Rees Scully Mansukhani | May 29, 2019 In your next contract, consider including some (or all!) of the following clauses to limit your liability and maximize your profits. Waiver of Consequential Damages While a proven breach of contract will leave a design professional or contractor exposed to direct or compensatory… Continue reading Limiting Liability: Three Clauses to Consider in your Next Construction Contract
Colorado Supreme Court Revisits Economic Loss Rule
Justin L. Cohen, David B. Meschke and Jesse D. Sutz | Brownstein hyatt Farber Schreck LLP | May 28, 2019 The Colorado Supreme Court has issued a number of opinions over the last several years clarifying the scope of the economic loss rule. On May 7, 2019, the court revisited the economic loss rule in Bermel… Continue reading Colorado Supreme Court Revisits Economic Loss Rule