Karalynn Cromeens | The Cromeens Law Firm Pop quiz: Who is in the best position to finance a construction project? If you answered, “The owner,” you’d be right. While the owner normally obtains funds from a bank to pay for construction, they are not the ones who finance the project. The subcontractors are the ones… Continue reading Chapter 9: Pay When Paid Clauses
Tag: Construction Contract
Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language
Todd Leon | Marshall Dennehey For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its own negligence, the agreement upon which the claim is based must explicitly and unambiguously… Continue reading Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language
Court of Appeals of Washington Applies Strict Adherence to Notice of Claim Provisions in a Private Construction Contract
Matthew Gurr | Davis Wright Tremaine An unpublished opinion previously issued by the Washington Court of Appeals, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., reinforces strict compliance with notice of claim provisions in construction contracts, even where the underlying contract is between private entities. Background In Cascade, Jackson Dean Construction, Inc. (“Jackson Dean”) entered into… Continue reading Court of Appeals of Washington Applies Strict Adherence to Notice of Claim Provisions in a Private Construction Contract
Washington Adds Change Order Protections to Contractors, Subcontractors, and Suppliers on Washington Public and Private Projects
Laurie Hager | Snell & Wilmer Many construction contracts require the contractor to obtain a signed change order before performing work that deviates from the original contract scope. But in practice, contractors are often faced with the dilemma of waiting to obtain a signed change order from the owner or upstream contractor for requested additional… Continue reading Washington Adds Change Order Protections to Contractors, Subcontractors, and Suppliers on Washington Public and Private Projects
Risks of Exposure to Tort Claims Vary by State: Know Your Rights Before You Sign That Construction Agreement
Robert J. Golterman, Jeremy P. Brummond and Patrick F. Ganninger | Lewis Rice Parties negotiating construction agreements often think about the types of damages either party may claim if the other party breaches the agreement. Many times, however, the parties do not consider other damages that may be available under state law tort theories (such… Continue reading Risks of Exposure to Tort Claims Vary by State: Know Your Rights Before You Sign That Construction Agreement