Amanda Garza | Porter Hedges | April 18, 2019 Commercial construction contracts between owners and contractors, such as the form AIA Document A201 contract, often include various express warranties whereby the contractor warrants its work on the project to the owner. Among those express warranties are the more common warranties that: (i) the materials and… Continue reading Call-Back Periods In Call-Back Warranties – The Confusion Surrounding Their Effect On Other Warranties In Construction Contracts
Tag: Construction Contract
Approaches in the Absence of a Differing Site Conditions Clause
Parker A. Lewton | Smith Currie | April 2, 2019 A contractor who has encountered unforeseen conditions will typically rely on the contract’s differing site conditions clause as a means to recovery. Most construction contracts address those issues directly. In ConsensusDocs Standard Agreement and General Conditions between Owner and Constructor, the starting point is §… Continue reading Approaches in the Absence of a Differing Site Conditions Clause
Interpreting the Scope of Colorado’s Anti-Indemnity Statute
Rachel Burkhart | Faegre Baker Daniels | April 12, 2019 A common feature of construction contracts is the indemnity or “hold harmless” provision, which transfers the risk of loss due to a third-party claim from one party to another. Several states have enacted laws that limit the enforcement of indemnity provisions in construction contracts. Colorado’s… Continue reading Interpreting the Scope of Colorado’s Anti-Indemnity Statute
The Christian Doctrine: The Double-Secret Contract Clause
Edward (Teddie) V. Arnold | Seyfarth Shaw | April 2, 2019 The typical government contract contains a laundry list of standard Federal Acquisition Regulation (FAR) or Defense Federal Regulation Acquisition Supplement (DFARS) clauses that outline the requirements for the construction or services to be provided. These clauses are either expressly stated, i.e. written out in full length… Continue reading The Christian Doctrine: The Double-Secret Contract Clause
California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors
Garret Murai | California Construction Law Blog | April 3, 2019 Sometimes you can see a train wreck coming a mile away. The next case, Design Built Systems v. Sorokine, Court of Appeal for the First District, Case Nos. A151264 and A152059 (February 26, 2019), is one of those cases. It also happens to read like a… Continue reading California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors