Amy Wolfshohl | Porter Hedges While change orders are widely viewed as a mechanism to increase the contract price in a construction contract, sophisticated players understand that change orders can and should be used to manage claims. From the owner’s perspective, change orders are often used to finalize compensation and delay days for specific changes… Continue reading The Importance of Change Orders on Construction Claims
Tag: Construction Contract
Substantial Performance v. Material Breach
John Mark Goodman | BuildSmart All breaches are not created equal. A minor, technical breach may be deemed “immaterial.” Other breaches – so-called “material” breaches — deprive the non-breaching party of something important or essential to the purpose of the contract. Whether a breach is material or immaterial is normally a question for the finder of… Continue reading Substantial Performance v. Material Breach
Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts
Alexander Dobrev | Lowndes Arbitration clauses in home purchase agreements and warranties can be powerful tools for resolving disputes efficiently. But as highlighted in a recent Florida appellate case, Osborne v. Drees Homes of Florida, it’s essential to structure these clauses carefully and clearly define their scope. Here’s why: For homebuilders, a well-crafted arbitration clause isn’t… Continue reading Why Homebuilders Must Carefully Structure Arbitration Clauses in Contracts
Dispute Resolution Considerations in Construction Contracts
Cesar Pereira | Sheppard Mullin Richter & Hampton During a recent webinar, “Dispute Resolution Considerations in Construction Contracts”, I was joined by my colleagues Chris Kolosov and Emily Anderson to discuss the dispute resolution alternatives available to parties involved in construction contracts. Here are our key takeaways. Considerations for Selecting a Dispute Resolution Method: Selecting the… Continue reading Dispute Resolution Considerations in Construction Contracts
The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy
Garret Murai | California Construction Law Blog In CBRE v. Superior Court, 102 Cal.App.5th 639 (2024), the 4th District Court of Appeal grappled with a thorny and not-so-thorny issue involving injured parties under the Privette doctrine. The less thorny issue was whether application of the Privette doctrine depends on whether a written contract exists between the parties. Spoiler:… Continue reading The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy