Alexander Barthet | Sage Construction and Real Estate | February 16, 2017 I recently filed a lawsuit on behalf of a subcontractor who hadn’t been paid. The prime contractor named in the suit countered, saying that the company name listed in the contract’s preamble wasn’t the right company. When we looked into it, we found… Continue reading Construction Contracts: Pay Attention to the Preamble
Tag: construction contracts
When Construction Contracts Go Sideways in Bankruptcy
Tracy Green | California Construction Law Blog | February 10, 2017 The contractor on a project files a bankruptcy case. How should the property owner and subcontractors proceed? When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code. Types of Bankruptcies The typical bankruptcy case involves a… Continue reading When Construction Contracts Go Sideways in Bankruptcy
The Importance of Clear Contract Terms
Michael Wilson | Greensfelder Hemker & Gale PC | February 6, 2017 Many legal battles in the construction industry revolve around contract interpretation disputes. Care in contract drafting is a valuable way to avoid disputes. A fundamental principle of contract interpretation is to ascertain and give effect to the parties’ objectively expressed intent. What a… Continue reading The Importance of Clear Contract Terms
Warning – A Mutual Waiver of Consequential Damages Could Be One-Sided
Alan Winkler and Susan Elliott | Peckar & Abramson, PC | November 2016 Contractors are often focused on correctly estimating the cost to construct a project and obtaining the contract award. Reviewing the terms of the contract sometimes takes a back seat. Laxity may set in when the contract is based on a recognized industry… Continue reading Warning – A Mutual Waiver of Consequential Damages Could Be One-Sided
Construction Law – What to Know About Substantial Performance
J. Norman Stark | December 12, 2016 In every construction contract and construction project, the term “substantial performance” is frequently referred to as “substantial completion”. This term, derived from custom and judicial precedent, rather than statutes, provides that when the work has been completed, even imperfectly, such performance warrants payment. In construction claims, most legal… Continue reading Construction Law – What to Know About Substantial Performance