What Is Inefficient Risk Transfer? The Use of Indemnification in Construction Contracts

Matthew DeVries | Burr & Furman LLP | May 3, 2017 As a father of seven children, I am always being asked to determine the “responsible party” when something breaks, gets lost, or is simply missing. In parenting, there is no written contract between the adult and to child to transfer the responsibility for the… Continue reading What Is Inefficient Risk Transfer? The Use of Indemnification in Construction Contracts

When Is The Contractor’s Termination For Default Proper? When It Does Bad Things.

Matthew DeVries | Best Practices Construction Law | May 5, 2017 Sometimes you “do” bad things.  Sometimes you “look like” you do bad things.  Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good.  In the world of construction contracting, both can get… Continue reading When Is The Contractor’s Termination For Default Proper? When It Does Bad Things.

The Beneficiaries of “Pay-if-Paid” Clauses in Construction Contracts

Dana Chaaban | Shutts & Bowen LLP | April 25, 2017 The law of contract formation allows parties “freedom to contract” in most aspects of transactions, services and/or liabilities. In the area of construction law, general contractors have largely negotiated a shift in the distribution of risk away from the general contractor and to the… Continue reading The Beneficiaries of “Pay-if-Paid” Clauses in Construction Contracts

New State Construction Notices Directory: A Valuable Tool for Owners

David B. Lipnor | Cozen O’Connor | April 20, 2017 Effective December 31, 2016, Pennsylvania’s Mechanics’ Lien Law of 1963 (lien law) was amended to allow for an online State Construction Notices Directory (directory) to provide notice to parties involved in projects costing a minimum of $1,500,000 (searchable projects). This Alert provides an overview of… Continue reading New State Construction Notices Directory: A Valuable Tool for Owners

Mitigation of Construction Defect Litigation- Top 10 Construction Contract Issues

Rebecca Dow | National Law Review | April 18, 2017 When negotiating a construction contract with a general contractor (GC), the owner/developer should be aware of, and address, a number of issues to attempt to mitigate or limit the risk of construction defect litigation for a residential project, including multi-family and for-rent residential apartment and… Continue reading Mitigation of Construction Defect Litigation- Top 10 Construction Contract Issues