Alexandra Parriman | Bricker & Eckler When a contractor indicated indifference to executing a project on schedule and failing to meet the substantial completion date, an Ohio appellate court found that the contractor’s actions constituted recklessness and, based on the terms of the contract, triggered the award of consequential damages. This case arose out of a contract… Continue reading Ohio Appellate Court Awards Consequential Damages for Contractor’s Failure to Achieve Substantial Completion Due to Recklessness
Month: April 2021
Expansion of Premises Liability for Construction Owners
Ryan T. Kinder and Marcus Miller | Buildsmart A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner, generally, has very little control or knowledge of all the work being performed.… Continue reading Expansion of Premises Liability for Construction Owners
Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution
Brian Gaudet | Kilpatrick Townsend & Stockton An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases. Alternative dispute resolution in the construction context typically means arbitration and mediation. Dispute review boards and executive negotiations are some others, but those are… Continue reading Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution
Should I Skip an Opening/Joint Session in a Construction Mediation?
Brain Gaudet | Kilpatrick Townsend & Stockton Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement. Let me get this off my chest. Let me explain. You and I need to talk. Let me tell you… Continue reading Should I Skip an Opening/Joint Session in a Construction Mediation?
Who (Else) is Covered Under Your Professional Liability Policy?
Sarah Nau | Phelps Dunbar When does a Professional Liability policy cover individuals that work for an insured, an insured’s related entities (such as subsidiaries), and/or the insured’s contracting partners? Individuals working for an insured and an insured’s related entities are not always automatically covered, meaning review of the policy’s Declarations and/or definition of “insured”… Continue reading Who (Else) is Covered Under Your Professional Liability Policy?