Stan Martin | Duane Morris LLP | January 28, 2015 The AIA contract forms include three options for dispute resolution: arbitration, litigation, and “other.” A Connecticut Superior Court judge has concluded that parties who chose “other” by specifying “Architect” were in fact choosing arbitration by the project architect. Thus, when the contractor didn’t file a… Continue reading AIA Contract Dispute Resolution Choices – What Does “Other” Mean?
Month: February 2015
Improvements to AIA Contracts?
Craig Martin | Construction Contractor Advisor | February 5, 2013 Joel Sciascia, general counsel for the construction management company Pavarini McGovern, made some insightful comments in the Viewpoint section of the latest Engineering News Record magazine. He argues that architects should not be the initial decision maker (“IDM”) under AIA contracts. Instead of using the architect, Mr. Sciascia… Continue reading Improvements to AIA Contracts?
Open and Obvious Defense in Construction Projects: it’s not just for Contractors
James O. Birr | Jimerson & Cobb P.A. | January 27, 2015 Contractors, architects, engineers, and other design professionals must be aware of the “open and obvious” defense applicable to their work in connection with construction projects. This defense is sometimes referred to as the Slavin doctrine. The Slavin doctrine was created to limit a… Continue reading Open and Obvious Defense in Construction Projects: it’s not just for Contractors
Top 10 Lessons Learned from a Construction Attorney
Craig Martin | Construction Contractor Advisor | February 8, 2015 I have had the pleasure of working with Cordell Parvin, who in his earlier career was a preeminent construction attorney, and now coaches attorneys. Cordell has shared countless construction guides and presentations with me over the years, for which I am extremely grateful. Below is Cordell’s Lesson’s Learned… Continue reading Top 10 Lessons Learned from a Construction Attorney
Calculating Actual Cash Value, Part 5: Texas
Shane Smith | Property Insurance Coverage Law Blog | February 8, 2015 Texas courts have defined actual cash value as “repair or replacement costs less depreciation.”1 However, a Texas appellate court noted that actual cash value of property is equivalent to and synonymous with the fair market value of the property.2 Whether labor or overhead and… Continue reading Calculating Actual Cash Value, Part 5: Texas