Denise M. Motta | Gordon Rees Scully Mansukhani This Bulletin provides guidance to contractors, subcontractors, suppliers, and others to ensure compliance with contractual change order requirements in the event work on a construction project is impacted by a force majeure event. Contract Protection Tips: A force majeure event is defined as an unforeseeable circumstance that… Continue reading Force Majeure Recommendations
Tag: Construction Contract
Choice of Law Provisions in Construction Contracts
Victoria Davies | ConsensusDocs If you have used a ConsensusDocs® construction agreement or another industry association construction agreement for one of your projects, you are accustomed to seeing the laws of the state where the construction project is located as the governing law. There are good reasons for the laws of the state where the… Continue reading Choice of Law Provisions in Construction Contracts
Alabama Supreme Court’s Recent Ruling on Indemnity Clauses Could Impact Construction Contracts: Key Drafting Considerations
J. Christopher Selman and Zachary B. Stewart | BuildSmart Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction dispute, Mobile Infirmary does address a key component of risk shifting in construction contracts — the indemnity clause.… Continue reading Alabama Supreme Court’s Recent Ruling on Indemnity Clauses Could Impact Construction Contracts: Key Drafting Considerations
Whose Benefit Is It Anyway? Understanding Homeowners’ Rights in Subcontractor Agreements
Mark Vyvyan | Fredrikson Most people building a home enter into an agreement with a general contractor. In turn, that general contractor enters into agreements with subcontractors to actually build the home. At first glance, it may seem that those subcontracts are intended to benefit the homeowner, as the work under the subcontract will result… Continue reading Whose Benefit Is It Anyway? Understanding Homeowners’ Rights in Subcontractor Agreements
New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable
Bill Wilson | Construction Law Zone Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the… Continue reading New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable