Innovative Construction Contracting Formats – Will They Succeed?

Michael J. Baker | Snell & Wilmer | May 9, 2016 As we move further into the 21st century, we continue to see new trends develop in project delivery for the construction industry. The industry is experimenting with different project delivery formats and combining them with the incorporation of Building Information Modeling (BIM) into the… Continue reading Innovative Construction Contracting Formats – Will They Succeed?

Construction Law Group News: General Contractor’s False Certifications Bar it from any Recovery from Owner

Sara Bryant and Maury Lederman | Murtha Cullina | May 11, 2016 In a case of first impression, a Massachusetts Superior Court judge recently ruled that a general contractor, G4S (“the General”), could not recover any of its over $14M claim against a public owner MTPC (“the Owner”) because it had violated its contract with… Continue reading Construction Law Group News: General Contractor’s False Certifications Bar it from any Recovery from Owner

Waiver of Subrogation Provisions in Construction Contracts

James T. Dixon, P. Wesley Lambert and Amanda M. Leffler | Brouse McDowell | May 6, 2017 Despite the potential financial significance to the contracting parties, the drafting, review, and approval of insurance provisions in construction contracts is frequently delegated to non-lawyers or simply ignored. Other times, the parties insert boilerplate language, such as the… Continue reading Waiver of Subrogation Provisions in Construction Contracts

Three Rules for Every Change on Every Construction Project

Maureen B. Moss and Patrick M. Miller | Faegre Baker Daniels | April 27, 2016 A construction contract without a changes clause is like a boat without a captain. The boat will never reach its destination, and the construction project will never reach proper completion. The changes clause protects owners against scope and price increases… Continue reading Three Rules for Every Change on Every Construction Project

First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration

Peter J.W. Sherwin and Alyse F. Stach | Proskauer Rose LLP | May 4, 2016 In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration in London provided in… Continue reading First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration