James B. Wright and Barrett N. Lindsey | Clark Hill An essential element of architect and engineer contracts with their clients is the treatment of risk sharing between the parties. Design professionals who are typically simply providing services for a fee, and who are not investors who will share in the profits of a successful… Continue reading Critical Risk Mitigation Provisions for Design Contracts — Part 1: Waiver of Consequential Damages
Tag: Construction Contract
Critical Risk Mitigation Provisions for Design Contracts – Part 2: Limitation of Liability Clauses
Barrett Lindsey and James Wright | Clark Hill As discussed in Part 1 of this series, design professionals face significant exposure for claims arising out of alleged errors and omissions in the performance of their services. While waivers of consequential damages help limit exposure to indirect losses, limitation of liability (“LOFL”) provisions serve as another… Continue reading Critical Risk Mitigation Provisions for Design Contracts – Part 2: Limitation of Liability Clauses
NJ Court Rejects Coverage-Minimizing Application of Non-Cumulation Clauses in Construction Defect Cases
Alexandra DiFusco, Frederic J. Giordano and Patrick J. Perrone | K&L Gates A recent New Jersey trial court decision confirmed expansive coverage for commercial general liability policyholders entrenched in construction defect litigation involving continuous and progressive property damage. New Jersey applies the “continuous trigger” method to insurance coverage claims involving progressive and indivisible injuries, as… Continue reading NJ Court Rejects Coverage-Minimizing Application of Non-Cumulation Clauses in Construction Defect Cases
Navigating Construction Contract Risks in Hotel Repositioning Projects
Daniel Miktus | Akerman Key Takeaway: Hotel development is now dominated by renovations and brand conversions, far exceeding new construction activity. This shift fundamentally changes the risk profile and contract needs of projects. Hotel development in the United States is increasingly centering on renovations and brand conversions, rather than new, ground-up construction. Developers are repositioning… Continue reading Navigating Construction Contract Risks in Hotel Repositioning Projects
Construction Maintenance Checklist: A Practical Guide for Owners and Contractors
Owen Newman | Duane Morris Construction Law Here is a contract maintenance checklist built around the same idea as my last post: the wall is strongest when both parties show up and walk it together. From project kick-off to senior leadership check-ins, the checklist provides jumping-off points for developing agendas and guiding purposeful communication between owners… Continue reading Construction Maintenance Checklist: A Practical Guide for Owners and Contractors