Like Death and Taxes, AIA Contract Changes are a Sure Thing!

Melissa Brumback | Construction Law in North Carolina | March 23, 2018 Like death & taxes, you can count on the American Institute of Architects (AIA) to regularly update their standard form construction contracts.  Most such forms are updated every 10 years, and 2017 was no exception. In the 2017 version, the changes are “evolutionary, not revolutionary”, according… Continue reading Like Death and Taxes, AIA Contract Changes are a Sure Thing!

The Importance of Timely and Proper Notice of a Claim Under a Contract

Michael Wilson | Greensfelder Hemker & Gale PC | February 22, 2018 The author has practiced construction law for nearly 40 years and continues to be amazed or disappointed, as the case may be, by the frequency of one type of problem: Non-compliance with what are usually simple contract terms for giving notice of a… Continue reading The Importance of Timely and Proper Notice of a Claim Under a Contract

“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

Erinn Contreras and Joy O. Siu | Construction & Infrastructure Law Blog | March 7, 2018 It is industry standard in California for owners of a construction project to make monthly payments to a contractor for work it has completed, less a certain percentage that is withheld as a guarantee of future satisfactory performance. This… Continue reading “Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy

Garry R. Boehlert and Trevor Ashbarry | For The Defense | February 2018 Look within the general conditions of virtually every construction contract and you will find a clause captioned “indemnity” or “indemnity and duty to defend.” Often these clauses have been cut, pasted, and cobbled together so many times that they become a jumble of… Continue reading Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy

In Construction, There’s A Tattletale And There’s What Is Right

Matthew DeVries | Best Practices Construction Law | March 5, 2018 Sometimes, we avoid doing bad things because of the risk of getting caught.  Other times, we avoid doing bad things because we simply choose to do right things.  Whatever the camp you fall into, a recent government contracts case tells a story that should… Continue reading In Construction, There’s A Tattletale And There’s What Is Right