David A. Dick | Thompson Coburn LLP | December 2, 2016 The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as opposed to a lease. The appeal in AUI Construction Group addressed… Continue reading Court Rejects Contractor’s Mechanic’s Lien Because Of ‘Intent’
Tag: construction contracts
No Flow-Down of a Waiver of the Statute of Limitations to Subcontractor
Katherine E. Kohm | The Dispute Resolver | November 22, 2016 In the matter Hensel Phelps Construction Company v. Thompson Masonry Contractor, Inc. et al. the Supreme Court of Virginia considered whether a subcontract waived the applicable statute of limitations–meaning there was no time restriction to filing a lawsuit–by incorporating by reference the prime contract… Continue reading No Flow-Down of a Waiver of the Statute of Limitations to Subcontractor
Virginia Supreme Court Undermines Effectiveness of Flow-Down Provisions in Construction Agreements
Thomas R. Folk and Michael S. Dingman | Reed Smith LLP | November 15, 2016 The Supreme Court of Virginia recently held in a construction case that typical flow-down provisions found in subcontracts are insufficient to pass through to the subcontractor, a general contractor’s waiver of statute-of-limitations rights in the prime contract. The decision begs… Continue reading Virginia Supreme Court Undermines Effectiveness of Flow-Down Provisions in Construction Agreements
Direct vs. Consequential Damages – What is the Difference, Really?
Stan Martin | Commonsense Construction Law LLC | November 3, 2016 Many people, even while negotiating the terms of a contract “mutual waiver of consequential damages” clause, fail to appreciate the distinction between direct and consequential damages. A federal district court judge in Pennsylvania has penned a thoughtful decision on this issue, worth noting. The… Continue reading Direct vs. Consequential Damages – What is the Difference, Really?
Top 10 Construction Contract Provisions – Changes and Claims
James R. Lynch | Ahlers & Cressman | October 26, 2016 This is the seventh post in our “Top 10 Construction Contract Provisions” series. Prior posts discussed Price and Payment, Liquidated Damages, Consequential Damages – Part I and Part II, Indemnity, Scope of Work, and Flow-Down Provisions. Today’s topic, Changes and Claims, is a contender… Continue reading Top 10 Construction Contract Provisions – Changes and Claims