Tag: construction contracts

Predictive Coding and Litigating Force Majeure Clauses in Construction Contracts

Drew Lewis, Esq. – Recommind – August 29, 2014 Construction lawyers understand the importance of a comprehensive force majeure clause.  But in an increasingly tumultuous world where extraordinary events are difficult to predict, where can litigators find the evidence to support (or refute) claims of impossibility or impracticability?  Increasingly, the answer is in their client’s… Continue reading Predictive Coding and Litigating Force Majeure Clauses in Construction Contracts

Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable

Ross A. Hoogerhyde – Gordon & Rees LLP – August 25, 2014 The Colorado Legislature enacted the Homeowner Protection Act (HPA), C.R.S. § 13-20-806(7), in response to unequal bargaining power between builders/developers and home buyers.  The Legislature was concerned that builders/developers included onerous clauses in form home purchase agreements that limited their liability for any… Continue reading Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable

Minimize the Inherent Risk in “Scope Bidding” by Amending Your Form Subcontract

Eugene J. Heady – August 7, 2014 Subcontractors must exercise particular care if the project specifications are performance specifications or otherwise described by so-called “scope” criteria.  A scope specification is one that describes the general scope of the project in terms of design, dimension, and major components of the work but does not list or… Continue reading Minimize the Inherent Risk in “Scope Bidding” by Amending Your Form Subcontract

Coverage for Construction Defect Barred by Contractual-Liability Exclusion

Tred Eyerly – July 28, 2014 Relying upon precedent from the Texas Supreme Court, the Fifth Circuit upheld the District Court’s denial of coverage based upon the policy’s contractual-liability exclusion. Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 12158 (5th Cir. June. 27, 2014). The Crownovers entered a construction contract with Arrow Development, Inc.… Continue reading Coverage for Construction Defect Barred by Contractual-Liability Exclusion