David McLain | Higgins, Hopkins, McLain & Roswell In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial… Continue reading BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
Tag: Construction Contract
Beyond the Flow-Down Clause: Subcontract Provisions That Can Expose General Contractors to Increased Liability and Inconsistent Outcomes
Phillip L. Parham III | ConsensusDocs Flow-down clauses in construction subcontracts—blanket clauses providing that some or all of the terms and conditions in the prime contract between the general contractor and the property owner apply equally between the subcontractor and general contractor—are an important component to managing risk for a general contractor and reducing the… Continue reading Beyond the Flow-Down Clause: Subcontract Provisions That Can Expose General Contractors to Increased Liability and Inconsistent Outcomes
The ABCs of AIA Contracts: Legal Considerations
Shara Pipitone | DarrowEverett Whether you love them, hate them or this is your first-time hearing of them, the AIA form document set, created by the American Institute of Architects (AIA), are the most widely used forms in the construction industry today. AIA construction documents were intended to ease contract negotiations and the compliance process.… Continue reading The ABCs of AIA Contracts: Legal Considerations
Construction Contractors Should Prepare for the Effects of Potential New Tariffs on Construction Material Prices and Availability
C. Ryan Maloney | Shutts & Bowen President-elect Donald Trump recently stated on November 25, 2024, his intention to impose tariffs of 25% on all goods coming from Mexico and Canada on his first day in office unless those countries do more to stop the flow of migrants and the opioid fentanyl into the United… Continue reading Construction Contractors Should Prepare for the Effects of Potential New Tariffs on Construction Material Prices and Availability
Put Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause Dispute
John Mark Goodman | BuildSmart An Illinois federal court ruled in favor of steel subcontractor Nucor in its contract dispute with Direct Steel. The project involved the construction of pre-engineering metal buildings for the Army Corps of Engineers. The general contractor, Direct Steel, subcontracted with Nucor for the supply of steel materials. The contract included a “Must Ship… Continue reading Put Up or Shut Up: Court Grants Summary Judgment for Steel Sub in Price Escalation Clause Dispute