Steven M. Cvitanovic and Omar Parra | Haight Brown & Bonesteel LLP | April 5, 2017 In California, it is well-established that the extent of a party’s obligation under an indemnity agreement is an issue of contractual interpretation, and it is therefore the intent of the parties that should control. What is the parties’ intent,… Continue reading “To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”
Tag: construction contracts
Liquidated Damages Clauses: A New Legal Analysis
Kent B. Scott | Babcock, Scott & Babcock | April 5, 2017 There is a new law on the books! The Utah Supreme Court has recently changed Utah law concerning liquidated damages clauses in contracts. The High Court’s recent ruling simplifies the test used to determine whether or not a court will enforce a liquidated… Continue reading Liquidated Damages Clauses: A New Legal Analysis
Indecent Exposure: New Decision Confirms Subcontractors Liability To CD Damages Is Expansive
Michael Ludwig | Jones, Skelton & Hochuli, PLC | March 24, 2017 How broad is a “broad-form” indemnity provision in a construction contract? A recent decision by the Arizona Court of Appeals has held such a provision allows a developer great latitude in recovering monies paid for settlement and also its attorneys’ fees and costs.… Continue reading Indecent Exposure: New Decision Confirms Subcontractors Liability To CD Damages Is Expansive
Contingent Payment Clauses in Utah “Deal or No Deal?”
Kent B. Scott | Babcock Scott & Babcock 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 in this area, though some… Continue reading Contingent Payment Clauses in Utah “Deal or No Deal?”
Ruling Reinforces Need to Abide by Contracts in Construction Disputes
Lindsey Thurswell Lehr | Daily Business Review | January 24, 2017 Disputes arising from construction projects are fairly common, and as a result construction contracts and Florida law feature many provisions that establish the protocols for resolving any disputes that may develop. Strictly adhering to the modus operandi for addressing and resolving disputes that is… Continue reading Ruling Reinforces Need to Abide by Contracts in Construction Disputes