Vernon Howerton | Texas Construction Law Blog | August 16, 2017 I was reviewing various articles I have written over the years and came across a prior version of this one about differing site conditions, written nearly twenty years ago. I was curious – does this cup still hold water? It does. Many construction contracts… Continue reading When is an Unforeseen Condition a “Differing Site Condition”?
Tag: construction contracts
Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!
Matthew DeVries | Best Practices Construction Law | August 10, 2017 You don’t always say what you mean. And you don’t always mean what you say. In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. As an example, when the parties use the word “shall” in their agreement, they… Continue reading Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!
The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy
Garret Murai | California Construction Law Blog | July 31, 2017 As an undergrad, I remember taking an introductory philosophy class. When we came to the chapter on metaphysics our professor asked what makes an apple an apple? “We have a specific name for it, presumably, to distinguish it from other things,” she said. “But what makes… Continue reading The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy
Limitations on Contract Damages: The ‘Betterment’ Argument
Benjamin M. Petre | Faegre Baker Daniels | July 12, 2017 A fundamental purpose of contract damages is to place a non-breaching party in the same position that it would have been in had its contract not been breached. Accordingly, remediation “enhancements” that give the non-breaching party more than was intended in the original scope… Continue reading Limitations on Contract Damages: The ‘Betterment’ Argument
What Does Your Defense And Indemnity Construction Contract Mean In 2017?
Ryan W. Young | Lewis Brisbois | July 12, 2017 California’s longstanding restrictions on defense and indemnity construction contracts have undergone several changes over the years with significant differences based upon the contract execution date. More specifically, the California Legislature enacted Civil Code § 2782 in 1967, and has amended its provisions several times since… Continue reading What Does Your Defense And Indemnity Construction Contract Mean In 2017?