Barbara Jordan | Dinsmore & Shohl LLP | February 24, 2016 Today, the Supreme Court of Ohio ruled that the reasonableness of a liquidated damages provision is determined by prospectively analyzing the per diem amount rather than the aggregate amount of damages assessed. Piketon v. Boone Coleman Constr., Inc., Slip Opinion No. 2016-Ohio-628, involves the late… Continue reading Prospective Reasonableness: Assessing Liquidated Damages in Construction Contracts
Tag: construction contracts
Construction Corner: Construction Contract Basics
Christine L. Chipman and Laurann Asklof | Shipman & Goodwin LLP | March 1, 2016 In a previous Construction Corner Post we discussed the primary elements of a design contract for a school construction project. In this post we will describe the basic elements of a construction contract for a school construction project where the… Continue reading Construction Corner: Construction Contract Basics
Ohio Supreme Court Upholds Liquidated Damages
Eric Travers | Kegler Brown Hill & Ritter | February 24, 2016 Ohio Supreme Court holds that the enforceability of a liquidated damages provision must be analyzed at the time of contracting, not at the end of a project. The Supreme Court of Ohio issued a decision today in Boone Coleman Constr. Inc. v. The… Continue reading Ohio Supreme Court Upholds Liquidated Damages
When Indemnitor Is Off the Hook For Contractual Indemnity
Jill Berkeley | Policyholder Insurance Law Blog | February 3, 2016 Contractual indemnification clauses are among the most overused and misunderstood rights that parties argue over and negotiate for. Although nothing in Illinois law prohibits parties from specifically contracting to provide for indemnity in non-construction related contracts, “[i]t is quite generally held that an indemnity… Continue reading When Indemnitor Is Off the Hook For Contractual Indemnity
#2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision
Graham C. Mills | Newmeyer & Dillion, LLP A recent decision by the Court of Appeal, Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido (2015) 238 Cal.App.4th 468, reinforces the right of a general contractor to defense and indemnity by a subcontractor when the parties have contractually allocated risk to the subcontractor. To… Continue reading #2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision