Ben Daee | J.S. Held Setting the Stage for Construction Litigation Support The scale and complexity of construction projects often lead to a different outcome than expected, creating a dispute between the parties. Many construction disputes boil down to the question of whether a practitioner met the standard expected in that circumstance. The experience and… Continue reading Explaining Standard of Care in Construction Disputes
Tag: Construction Contract
The Importance of Indemnification Clauses in Managing Post-Completion Project Risk
Catherine Moronski | Robinson + Cole Claims against design professionals often pose unique challenges when such claims are dually rooted in both tort and contract theories, and therefore subject to competing time limitations. To reconcile these differences, Massachusetts courts have historically looked to the “gist” of a given claim, rather than the label, to assess… Continue reading The Importance of Indemnification Clauses in Managing Post-Completion Project Risk
Why Client Input Matters In Construction Contracts
Glenn M. Azzinari | A.Y. Strauss When a client asks their attorney to draft or negotiate a construction contract for work at one of the client’s buildings, the request might seem like a one-sided, attorney-driven assignment. However, the most successful contracts result from a true partnership between attorney and client. While attorneys play a critical… Continue reading Why Client Input Matters In Construction Contracts
How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure
Jeffrey Bright | Offit Kurman How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of responsibility for construction or design defects depends on numerous factors, including the… Continue reading How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure
Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts
Patrick Kelly and Kendall Hudgins | Gray Reed When project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially devastating impact of liquidated and consequential damages provisions. Understanding these crucial contract elements before disaster strikes can mean the difference between… Continue reading Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts