Gregory Faulkner | Robinson Cole | October 14, 2015 This is the first post in the four-part series “Limitations of liability—The Elephant in the Room.” One or more of the following scenarios takes place in my office virtually every day: Scenario One: Owner client sends me an industry form construction contract and asks me to take a… Continue reading Limitations of Liability – The Elephant in the Room
Tag: Construction Contract
Waiver of Time of Performance Provisions in Construction Contracts
Jeffrey S. Wertman | Berger Singerman LLP | November 11, 2015 It is important for owners and contractors to understand the contractual provisions and requirements for the time of completion and minimize the risk of delay. Most construction contracts contain a provision stating that “time is of the essence.” An example of a “time is… Continue reading Waiver of Time of Performance Provisions in Construction Contracts
MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work
Murtha Cullina LLP | October 22, 2015 Summary The general contractor on a public demolition project paid nothing to a subcontractor that had performed the majority of its work but refused to perform work that it claimed was outside of its scope of work. The subcontractor sued the general contractor and after cross-motions for summary… Continue reading MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work
Know Your Obligations Under Both the Prime Contract and Subcontract
Craig Martin | Construction Contractor Advisor | November 2, 2015 A recent case out of New Mexico highlights the importance for subcontractors to review their contract with the general and the contract between the general and the owner. In Centex/Worthgroup, LLC v. Worthgroup Architects, L.P, the architect claimed that the limitation of liability clause in the… Continue reading Know Your Obligations Under Both the Prime Contract and Subcontract
“Contractor?” I do not think that employer’s liability exclusion means what you think it means
Jonathan Sterling | Carlton Fields Jorden Burt | October 30, 2015 Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started to turn, the U.S. Court of Appeals for the First Circuit put an… Continue reading “Contractor?” I do not think that employer’s liability exclusion means what you think it means