David Adelstein | Florida Construction Legal Updates If you execute a release in exchange for payment or other consideration, remember the language in the release means something. THE RELEASE LANGUAGE MATTERS! And the meaning in the release may be way more than you intended so please make sure you truly digest and consider release language before executing.… Continue reading Think Before You Execute That Release – The Language In The Release Matters!
Tag: Construction Contract
Is a Text a Writing?
Michael Yelle | Ahlers Cressman & Sleight Is a text message a writing? Project communication is constantly evolving, and text messages are an increasingly common way teams share pictures, video, and provide project updates. When texting is part of the communication flow on a project, contractors and owners might text approvals for extra work, notices… Continue reading Is a Text a Writing?
Should Commercial Owners Require Liquidated Damages?
Michael Jefferson | Davis Wright Tremaine Learn the pros and cons of including LDs in your construction contracts to compensate for project delays Commercial owners often capitulate when contractors hesitate to agree to liquidated damages for construction project delays. More often than not, owners should demand that contractors accept liquidated damages, in lieu of an… Continue reading Should Commercial Owners Require Liquidated Damages?
The Practical Distinction Between Anticipatory Breach and Repudiation and How to Deal with Both on Construction Projects
Devon Griger | ConsensusDocs When a multilevel construction project is underway and a contractor or subcontractor isn’t performing as expected, it can be difficult to know how to address the low performance without putting the parties’ contract and good working relationship at risk. However, there may come a time when poor performance lapses into a… Continue reading The Practical Distinction Between Anticipatory Breach and Repudiation and How to Deal with Both on Construction Projects
Protecting Owners With Robust Indemnification Clauses
Melissa Billig, Kenneth Block, Brandon Reiner, Stuart Rosen and Hillel Sussman | Tannenbaum Helpern Syracuse & Hirschtritt Lately, it seems as though the most contentious legal issue in construction contracting revolves around indemnification clauses and the interrelated waiver of consequential damages. Owners customarily seek full defense and indemnification from contractors for all claims of third… Continue reading Protecting Owners With Robust Indemnification Clauses