Chris Cazenave | Jones Walker Liquidated damage clauses are omnipresent in today’s construction contracts—often considered in early negotiations to provide a degree of certainty and limit financial liability. There are two principal types of LDs appearing in construction contracts—(i.) damages for delay when a contractor fails to deliver a project by a certain milestone; and… Continue reading What You Should Know About Liquidated Damages and Liability Caps for Delay and Performance Liquidated Damages
Tag: Construction Contract
Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts
Loni Hinton | Davis Wright Tremaine Time, cost, and quality are usually top of mind when parties are negotiating construction contracts. But, in today’s increasingly litigious world, it is important for parties to consider their dispute resolution options before “checking the box.” Most parties are familiar with the AIA A201-2017’s claim procedure, which includes mediation,… Continue reading Check the Box: Considerations for Selecting Dispute Resolution Methods in Construction Contracts
Construction Contract Basics: No Damages for Delay
Christopher G. Hill | Construction Law Musings After WAY too long a hiatus, I am back with another in my series of “Construction Contract Basics” posts. In past posts, I’ve covered venue provisions, attorney fee provisions, and indemnity clauses. In this post, I’ll share a few thoughts (or “musings”) on the topic of so-called “no damages for delay”… Continue reading Construction Contract Basics: No Damages for Delay
Enforceability of Pay-if-Paid Clauses in Construction Subcontracts: Mid-Atlantic Region
Jessica duHoffmann and Jonathan Neri | PilieroMazza Pay-if-paid clauses are conditional payment provisions regularly included in construction subcontracts. The intent of these clauses is to shift the risk of loss from a prime contractor to its subcontractors by making a project owner’s payment to the prime contractor a condition precedent to the prime contractor’s obligation… Continue reading Enforceability of Pay-if-Paid Clauses in Construction Subcontracts: Mid-Atlantic Region
Pitfalls of the AIA Form of Performance Bond
Kenneth Block | Tannenbaum Helpern Syracuse & Hirschtritt When an owner requires a contractor to post a payment and performance bond, the contractor, invariably, provides a bond in the form of AIA Document A312-2010. The payment portion of the bond is primarily for the benefit of the contractor’s subcontractors and allows the subcontractors to make… Continue reading Pitfalls of the AIA Form of Performance Bond