David Erhart | Gordon Rees Scully Mansukhani | March 18, 2019 The following scenario happens regularly in the construction industry. A contractor on a project reaches out to a subcontractor to perform work. Excited about the prospect of performing the work, the subcontractor signs a contract and puts it nose to the grindstone. After dutifully… Continue reading Using the Prevention Doctrine
Tag: Construction Contract
Lessons Learned from Recent Cases: The Importance of Your Contracts with Service Providers
Robert Dawkins | Borden Ladner Gervais | March 7, 2019 We recently completed an occupier’s liability lawsuit for a hospital that involved the contract between the hospital and its parking contractor. This case demonstrates the importance of having clear contracts that document the respective responsibilities of the institution and its service provider. Facts and Allegations… Continue reading Lessons Learned from Recent Cases: The Importance of Your Contracts with Service Providers
When Is A Letter Of Intent, Not A Letter Of Intent?
Lawrence C. Kasmen | Berman Fink Van Horn | March 14, 2019 Often overlooked, and even more often mischaracterized, a letter of intent (LOI) provides a valuable guide and preliminary structure for parties entering into a commercial real estate transaction. However, without a proper understanding of the purpose and utility, uninformed parties may find themselves… Continue reading When Is A Letter Of Intent, Not A Letter Of Intent?
Large-Scale Construction Projects: To Arbitrate, or not to Arbitrate – That is the Question
Robert B. Garner, David Kiefer and Gregg Jacobson | King & Spalding | March 8, 2019 Owners and contractors involved in large-scale energy and manufacturing projects face unique challenges in bringing projects to fruition. One challenge is negotiating and drafting a contract that places the parties in a fair position if problems arise during the… Continue reading Large-Scale Construction Projects: To Arbitrate, or not to Arbitrate – That is the Question
Subcontractors Have Remedies, Even If “Pay-If-Paid” Provisions Are Enforced
John P. Ahlers | Ahlers Cressman & Sleight | January 23, 2019 In a recent case in Kentucky[1], a sub-tier subcontractor sued the general contractor and owner for failure to pay for extra work. At the trial, the court held the subcontractor was entitled to recover under the theories of implied contracts and unjust enrichment,… Continue reading Subcontractors Have Remedies, Even If “Pay-If-Paid” Provisions Are Enforced