Benjamin Pollock | King & Spalding | June 5, 2017 When parties cannot resolve a claim during a major construction project, the contracts dispute resolution provisions do not always need to read as step-by-step instructions. To the contrary, the situation may warrant a different approach that can be negotiated after the dispute arises. While agreement… Continue reading Thinking Beyond the Dispute Resolution Provision in Construction Disputes
Tag: construction contracts
Do Minnesota Municipalities Have the Authority to Source Public Works Contracts Using the Construction Manager at Risk Delivery Method?
Jocelyn Knoll and Lauren Roso | Dorsey | June 20, 2017 Recently, at least two experienced attorneys, one who represents contractors and the other who primarily represents public authorities, have published position papers opining whether Minnesota municipalities have the power and authority to use the Construction Manager at Risk (CMAR) contract delivery method when awarding… Continue reading Do Minnesota Municipalities Have the Authority to Source Public Works Contracts Using the Construction Manager at Risk Delivery Method?
Construction Contracts-Design vs. Performance Specifications
J. Norman Stark | July 3, 2017 Construction contract specifications are not all the same. These individual written forms of construction documents describe materials, methods, quality and methods of incorporating them in the total improvement project. Every set of specifications prepared by the architect or engineer, have separate, distinct functions. More importantly, design specifications have… Continue reading Construction Contracts-Design vs. Performance Specifications
Risk is More Than Just a Board Game: A Guide to Performance Bonds
Brian L. Lynch | Faegre Baker Daniels | June 21, 2017 Although other forms of security are possible to secure performance of a construction contract, corporate surety performance bonds remain the construction contract guarantee of choice for owners in both public and private projects. The performance bond is generally meant to protect the named obligee… Continue reading Risk is More Than Just a Board Game: A Guide to Performance Bonds
Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds
Garret Murai | California Construction Law Blog | June 5, 2017 Indemnity provisions are one of the most fought over provisions in design and construction contracts. But while parties generally understand the intent behind indemnity provisions — that one party (the “indemnitor”) agrees to indemnify (and often defend as well) another party (the “indemnitee”) from… Continue reading Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds