Kyle Doiron and David Taylor | Buildsmart | May 2, 2019 Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised, including whether a claim is barred by a statute of limitation or,… Continue reading Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
Month: May 2019
Risky Business: Thwarting Peril in Condominium Development
Joseph A. Cleves, Jr. | Taft Stettinius & Hollister LLP | May 1, 2019 Introduction Many major metropolitan areas are seeing a rise in interest for luxury condominium developments because of booming demand. Historically, these ventures have been linked to elevated risk profiles. This is due, in part, to unreasonable expectations of end-users, coupled with… Continue reading Risky Business: Thwarting Peril in Condominium Development
Green Construction Trends Contractors Can Expect in 2019
Emily Folk | Construction Executive | February 25, 2019 The construction industry has come a long way since it was started building homes out of logs and sticks. Modern homes and buildings are marvels of engineering filled with wood, concrete and steel—much of which could be recycled if the building were ever torn down. Green… Continue reading Green Construction Trends Contractors Can Expect in 2019
Design Professional Asserting Copyright Infringement and Contributory Copyright Infringement
David Adelstein | Florida Construction Legal Updates | April 7, 2019 Standard form construction contracts between an owner and design professional will address copyright protection, as well as other contractual protections, associated with a design professional’s “instruments of service.” An owner negotiating an agreement with a design professional should consider alternative language that broadens the scope… Continue reading Design Professional Asserting Copyright Infringement and Contributory Copyright Infringement
“That Particular Part” – Yet More
David Smith | Policyholder Perspective | April 30, 2019 Massachusetts Appeals Court Gets It Right – Mostly Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir. 2019) (about which I wrote earlier this month), the Appeals Court… Continue reading “That Particular Part” – Yet More