Jackson Moore and J.P. Vogel | Gray Reed Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable, we can control how we prepare for and respond to such events through the careful drafting or… Continue reading Weathering the Storm – Part 3: Force Majeure in Construction Contracts
Tag: Construction Contract
You’ve Made Your Bed…Maybe Don’t Lie in It (Yet)!
Daniel Lund III | Phelps Dunbar The Louisiana Fifth Circuit Court of Appeal was faced with a residential construction contract dispute concerning the construction of a new home. Pivotal to the dispute was an occupancy clause in the general contract, which declared: “Owner agrees not to occupy the Home until contractor is paid in full.”… Continue reading You’ve Made Your Bed…Maybe Don’t Lie in It (Yet)!
Proportional Fault Indemnification Provisions Held Enforceable in Alabama
Mason Rollins | BuildSmart The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. JohnsonKreis Construction Company, Inc. subcontracted with Howard Painting, Inc. to perform work on a hotel project in Birmingham, Alabama. The… Continue reading Proportional Fault Indemnification Provisions Held Enforceable in Alabama
AIA Releases Updated Design-Build Forms
Christine Ciarlo | Saul Ewing Earlier this year, the American Institute of Architects (“AIA”) released updated form contract documents for traditional design-build (“Traditional DB”) construction projects and introduced a new set of progressive design-build (“Progressive DB”) forms. In a design-build project, the owner contracts directly with one entity to provide both design and construction services,… Continue reading AIA Releases Updated Design-Build Forms
General Contract May Be Entitled to Award of Attorneys’ Fees Against Subcontractor, Despite Jury’s Apportionment of Damages
Lindsay McCormick | Marshall Dennehey For construction defect litigation, many times we are called into action to defend a subcontractor who has been included as a third party to the primary dispute between an owner and a general contractor. Through the use of third-party complaints, general contractors are consistently including their implicated subcontractors within the… Continue reading General Contract May Be Entitled to Award of Attorneys’ Fees Against Subcontractor, Despite Jury’s Apportionment of Damages