Melissa Billig, Kenneth Block, Brandon Reiner, Stuart Rosen and Hillel Sussman | Tannenbaum Helpern Syracuse & Hirschtritt AIA forms of agreements between owners and architects contain mutual waivers of consequential damages which, in the context of such agreements, invariably involve lost profits. Where manuscript forms are provided by an owner, and do not contain such… Continue reading Owners Should Exercise Caution When Waiving Consequential Damages Against Architects
Tag: Construction Contract
Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course Of Conduct
Robert Fryman and Danielle Marlow | Moritt Hock & Hamroff Often, the performance by parties to a contract varies from the written terms and conditions of the contract in slight, immaterial ways. Occasionally, the parties’ performance, either individually or collectively, may vary significantly from the contract’s express terms, giving rise to disputes and claims of… Continue reading Contractor Prevails Against Owner In Arbitration Successfully Arguing Modification Of The Contract Based Upon The Parties’ Course Of Conduct
Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision
Bill Wilson | Robinson+Cole In NASDI, LLC v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV), 2024 WL 1270188 (2d Cir. Mar. 26, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s grant of summary judgment dismissing a subcontractor’s delay claim against a general contractor on a public project in New York… Continue reading Second Circuit Affirms Win for General Contractor on No Damages for Delay Provision
Delays and Suspension of the Work Under Fixed Price Government Contract
David Adelstein | Florida Construction Legal Updates Here is an interesting fact pattern and case decided by the Civilian Board of Contract Appeals dealing with (1) force majeure type events and epidemics (Covid-19); (2) suspension of the work; and (3) delays. These are three topics important to all contractors including federal contractors. In Lusk Mechanical Contractors,… Continue reading Delays and Suspension of the Work Under Fixed Price Government Contract
When Properly Drafted, Liquidated Damages Provisions Reduce Risk
William J. Tinsley, Jr. | Phelps Dunbar Utilized properly, liquidated damages provisions strengthen construction agreements because they provide a degree of certainty. Additional certainty lowers risk and allows the contractor to reduce contingency reserves which, in turn, reduce project costs while protecting the builder’s profitability. Too often, however, liquidated damages provisions are misunderstood, poorly drafted,… Continue reading When Properly Drafted, Liquidated Damages Provisions Reduce Risk