Matthew Grashoff and Gregory Thompson | Hahn Loeser & Parks Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract. What will the warranties cover? How can they be enforced? Perhaps most importantly: how long will they be in force? Arguments regarding one recent construction project in Ohio demonstrate the importance… Continue reading Beware Potential Hidden “Warranties” in Contract Documents
Tag: Construction Contract
Enforceability of Contract Provisions Extending Liquidated Damages Beyond Substantial Completion
Stu Richeson | The Dispute Resolver This post takes a look at the enforceability of contract provisions providing for liquidated delay damages after substantial completion. Typically, the assessment of liquidated delay damages ends at substantial completion of a project. However, various standard form contracts, including some of the ConsensusDocs and EJCDC contracts, contain elections allowing… Continue reading Enforceability of Contract Provisions Extending Liquidated Damages Beyond Substantial Completion
Timing Matters for Differing Site Conditions
Stephanie Snyder-Zuasnabar | Gray Reed Many construction contracts contain some version of a “differing site conditions” clause. AIA’s A201 general conditions, as well as in the EJCDC equivalent, contains a changed site condition clause. It also appears in most state DOT specifications and federal government construction contracts. Generally, this provision provides for a change order… Continue reading Timing Matters for Differing Site Conditions
Second Circuit: No-Damages-For-Delay Clause Bars Claim
John Mark Goodman | BuildSmart Listen to this post The Second Circuit Court of Appeals recently applied a no-damages-for-delay provision to affirm the dismissal of a demolition contractor’s breach of contract claims. The project involved reconstructing and raising the Bayonne Bridge between Staten Island and New Jersey. The Port Authority awarded the general contract on the $1.29… Continue reading Second Circuit: No-Damages-For-Delay Clause Bars Claim
Explaining What “and” Means
Jay C. Johnson | Venable Everyone knows what “and” means. “And” is not a word you have to look up. So why did the use of “and” in a criminal sentencing statute divide the U.S. Supreme Court? Because the statute’s grammatical structure allowed “and” to be read in two ways. How the majority in Pulsifer v.… Continue reading Explaining What “and” Means