Construction One-Minute Read: Allowance or Contingency?

Randolph E. Ruff and Jonathan M. Mraunac | National Law Review | May 24, 2017 While both relatively simple concepts, allowances and contingencies are often confused with one another. Conflating the two can lead to pitfalls. An easy way to remind oneself of the difference is: allowances are for known unknowns, and contingencies are for unknown unknowns. Allowances An… Continue reading Construction One-Minute Read: Allowance or Contingency?

Where Insurance and Contracts Collide in Construction

Christopher G. Hill | Construction Law Musings | May 23, 2017 As has been said a “few” times here at Construction Law Musings, the courts of the Commonwealth of Virginia strictly interpret the actual terms of a construction contract. A recent case in the Circuit Court for the City of Richmond provides yet another example… Continue reading Where Insurance and Contracts Collide in Construction

Those Contractual Protections that you Bargained for Might be Void

Timothy W. Gordon | Holland & Hart LLP | May 16, 2017 Building a mixed-use project? If so, Colorado law might render void some of the contractual protections that you bargained for. In Broomfield Senior Living Owner, LLC v. R.G. Brinkmann Co., 2017 COA 31, reh’g denied (Apr. 20, 2017), a division of the Colorado… Continue reading Those Contractual Protections that you Bargained for Might be Void

Looking for an Excuse? Here Are Four Excusable Delays for Construction Projects

Matthew C. Olsen | Faegre Baker Daniels | May 11, 2017 No commercial construction project is immune to delays. Some delays to the critical path of a project may be outside the control of the parties. If this is the case, the delay may be considered “excusable,” meaning the parties 1) share the risk of… Continue reading Looking for an Excuse? Here Are Four Excusable Delays for Construction Projects

Weather Delays – When Are They Compensable

Anthony J. Cox, Esq. | Wickens Herzer Panza Cook Batista | May 1, 2017 Provisions relating to weather delays in a construction contract are nothing new to most contractors. These provisions usually provide that delays resulting from inclement weather will entitle the contractor or subcontractor to more time to complete the project, and in some… Continue reading Weather Delays – When Are They Compensable