Philip J. Truax, Esq. | Wickens Herzer Panza Cook Batista | April 4, 2016 Several editions ago, we published an article relating to the Boone Coleman v. Village of Piketon case, which struck down a $278,000 liquidated damages award for construction delays because the amount was disproportionately high compared to the original contract value and amounted… Continue reading Contractual Liquidated Damages Update 3.0
Tag: construction contracts
One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses
David A. Harris | Haight Brown & Bonesteel, LLP | March 30, 2016 Payment clauses in California construction contracts are often complex and multi-layered. This is especially true in contracts between general contractors and their subcontractors. The general does not want to pay the subs until it receives funding from the owners. The subs, of… Continue reading One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses
Finding “Common Ground” in a Site Conditions Clause
Lisa Andrezejewski | Robinson & Cole | March 23, 2016 I recently attended an ABA conference in Newark, New Jersey in which the theme was “Finding Common Ground in Drafting and Negotiating Design Clauses” in construction contracts. One of the speakers presented a segment regarding differing site conditions in which he articulated the major risks… Continue reading Finding “Common Ground” in a Site Conditions Clause
The Importance of Construction Contract Coordination
Kenneth M. Block and Joshua M. Levy | New York Law Journal | March 9, 2016 Imagine three months after completion of construction, your client finds a significant leak in the recently completed roof of its new building. Unable to resolve whether the leak is a result of a construction defect or a design flaw,… Continue reading The Importance of Construction Contract Coordination
Addenda to Construction Contract Can Be an Issue
Christopher G. Hill | Construction Law Musings | March 2, 2016 We’ve all been there. Your client either has a well drafted standard subcontract (with any luck in consultation with an experienced construction attorney) that it presents to its subcontractors and suppliers or your client is presented with a construction contract that has some provisions… Continue reading Addenda to Construction Contract Can Be an Issue