Matthew DeVries | Best Practices Construction Law | February 21, 2018 Last weekend we played Speak-Out: Kids versus Parents, a game where you use a plastic thingy to obstruct your speech capabilities. The winning team is the one that guesses the most phrases. Reading and understanding an insurance policy on a construction project can be a… Continue reading Additional Insured Status: Playing The Speak-Out Game On A Construction Project
Tag: construction contracts
Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner
Katharine E. Kohm | The Dispute Resolver | February 24, 2018 In Superior Steel, Inc. v. Ascent at Roebling’s Bridge, LLC, No. 2015-SC-000204-DG, 2017 WL 6380218 (Ky. Dec. 14, 2017), a subcontractor and a sub-subcontractor sued the general contractor and owner for the failure to pay for extra work. The general contractor and owner cross-claimed against the other for, inter alia, indemnification. At the jury… Continue reading Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner
Ambiguity Kills in Construction Contracting
Christopher G. Hill | Construction Law Musings | February 7, 2018 Well, I’m back and hope to have a more consistent publishing schedule moving forward. I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months. Now, back to our program. . . Here at… Continue reading Ambiguity Kills in Construction Contracting
Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause in That Same Contract
Emily D. Anderson | Pepper Hamilton | February 8, 2018 Koudela v. Johnson & Johnson Custom Builders, LLC, 2017 Ohio App. Lexis 5800 (December 29, 2017) In this case, Nicolas and Monica Koudela (the “Koudelas”) entered into a construction contract with “Johnson & Johnson Builders” (the “Agreement”), whereby Johnson & Johnson Builders agreed to construct… Continue reading Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause in That Same Contract
Protecting Contractors Subject to Chief Engineer Decision Clauses
Jonathan M. Preziosi and Stephanie L. Jonaitis | Pepper Hamilton LLP | January 2018 Most contractors have encountered a prime contract provision with a governmental agency or public authority owner where the contract states that all claims for extra costs, delay damages or the like must be presented to the owner’s Chief Engineer for a… Continue reading Protecting Contractors Subject to Chief Engineer Decision Clauses