Ellis Baker, Ibaad Hakim and Richard Hill | White & Case Risk in construction contracts ‘Risk’, in a project delivery context, can be defined as ‘an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the project’s objectives’.1 Risk exists as a consequence… Continue reading Allocation of Risk in Construction Contracts (Updated)
Month: January 2020
Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause
Aimee Cook Oleson | Construction & Infrastructure Law Blog Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. It is not uncommon for parties to simply re-use the indemnity language from a prior agreement without considering whether… Continue reading Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause
Where Pragmatism and Law Collide
Christopher G. Hill | Construction Law Musings If there is one “theme” to Construction Law Musings, those that read regularly hopefully see that I take my role as counselor to construction companies seriously. Aside from the fact that litigation and arbitration are both expensive and not a great way for any business, particularly a construction business, to make money,… Continue reading Where Pragmatism and Law Collide
Construction Lien Waiver Provisions Contractors Should Be Using
Jason Lambert | Construction Executive It is common in construction for a subcontractor or material supplier of any tier to be required to provide a lien waiver when receiving payment. But not all lien waivers are created equal. While at a minimum, a lien waiver, by definition, needs to include a release of liens, it… Continue reading Construction Lien Waiver Provisions Contractors Should Be Using
Performance Bond Surety Takeover – Using Terminated Contractor to Complete Work
David Adelstein | Florida Construction Legal Updates When a contractor is defaulted under a performance bond, can its surety hire the same defaulted contractor to complete the work? Stated differently, can the performance bond surety engage its defaulted bond-principal in taking over and completing the same work the contractor was defaulted under? The answer is “yes”… Continue reading Performance Bond Surety Takeover – Using Terminated Contractor to Complete Work