Gregory Faulkner | Robinson Cole | November 10, 2015 Owners often attempt to limit their liability to contractors through what is commonly known in the construction industry as a “no damages for delays” clause. Much like waivers of consequential damages, a “no damages for delays” clause, which limits damages for construction delays, accelerations and other… Continue reading Limitations of Liability— Scenario Two: No Damages for Delays Clauses
Tag: construction contracts
Alternate Dispute Resolution
Asha Echeverria | Bernstein Shur Sawyer & Nelson PA | October 27, 2015 Earlier this month I attended a summit on alternate dispute resolution at the American Bar Association Forum on Construction’s Fall Meeting in Austin, Texas. One of the sessions I found particularly interesting was a session titled “Has Arbitration Fulfilled its Promise?”… Continue reading Alternate Dispute Resolution
When Less is More: the Pitfalls of Saying too much in Professional Contracts
Eric G. Cheng | Wilson Elser | November 13, 2015 Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of liability and indemnification clauses in their form services contracts to avoid responsibility for problems that arise in the execution of the plans. These strategies… Continue reading When Less is More: the Pitfalls of Saying too much in Professional Contracts
Construction Contract Design & Construction Liability Waivers
Advise & Consult, Inc. | September 24, 2015 A construction contract is now more and more frequently being written to include liability waiver clauses. These clauses are also growing in diversity as to which clause will limit the liability of each party included in the contract. Lawsuits involving design professionals have been trending upwards for a… Continue reading Construction Contract Design & Construction Liability Waivers
Construction Contracts: Claim Time Limits
Advise & Consult, Inc. | August 21, 2015 Time is a major factor in all of our lives. How much time we are at work? How much time before the next big deadline? In some instances we even measure distance in time – How long will it take me to get from point A to… Continue reading Construction Contracts: Claim Time Limits