Kent B. Scott | Babcock Scott & Babcock, PC | November 2, 2017 Introduction. Contingent payment clauses provide parties involved in a construction project with a contractual method for determining who will absorb losses that may occur if the owner fails to pay for work performed on the project. In Utah, the law remains unsettled… Continue reading Contingent Payment Clauses in Utah – “Deal or No Deal?”
Tag: construction contracts
Privity and Additional Insured Coverage
Larry P. Schiffer and Suman Chakraborty | Squire Patton Boggs | October 5, 2017 When a worker is injured on a construction job and sues the relevant parties, a side battle often ensues over which carrier has the duty to defend and indemnify the owner, general contractor or subcontractor based on the language in the… Continue reading Privity and Additional Insured Coverage
Construction Contracts, Third Party Claims and Tort Law Liability
Carl R. Pebworth | Faegre Baker Daniels | October 5, 2017 What tort obligations does a design professional on a construction project owe to non-parties — like, for example, the persons who will use what has been designed after it is built? Tort law involves the idea of a duty of care that the design… Continue reading Construction Contracts, Third Party Claims and Tort Law Liability
Have You Been ‘Delayed’ or ‘Disrupted’? – Why the Distinction Matters
Ann B. Graff | Pepper Hamilton LLP | August 2017 No-damages-for-delay clauses are commonly found in construction contracts and, with certain exceptions, are generally recognized as valid and enforceable. The exact language can vary, but the typical clause provides that the contractor shall have no claim for compensation for delay and that an extension of… Continue reading Have You Been ‘Delayed’ or ‘Disrupted’? – Why the Distinction Matters
The Trouble With ‘Which’ and ‘That’
Gary Blake | Claims Journal | August 11, 2017 In my book, The Elements of Business Writing (Pearson Education), I have a section on “Misused and Troublesome Words.” Among the most troublesome pairs of words in English are which and that. Most people use them interchangeably, but each has its special place in communication. I wrote, “Ideally, that is used with a… Continue reading The Trouble With ‘Which’ and ‘That’