Ed Williams | Construction Executive Retainage has become a vital part of the contracting and construction process. If defined precisely, retainage is a practice of withholding a particular percentage of the payment until the project is delivered. However, the practice can turn to be a challenge for small contractors, as it is laid over a… Continue reading Construction Contractors Must Understand Retainage In 2021
Month: June 2021
“Multiple Claims” Provisions on Contractor’s Professional Liability Policy Creates a Trap for Policyholders
Michael V. Pepe | SDV Insights In Berkley Assurance Company v. Hunt Construction Group, Inc., 465 F.Supp.3d 370 (S.D.N.Y., 2020), professional liability insurer Berkley sued its insured, Hunt, a construction management firm, seeking a declaration that it did not owe Hunt a duty to defend and indemnify against breach of contract claims. The United States District… Continue reading “Multiple Claims” Provisions on Contractor’s Professional Liability Policy Creates a Trap for Policyholders
Artificial Intelligence In Construction: The Legal Implications
Joseph A. Cleves, Jr. and Zenus Franklin | Taft Stettinius & Hollister Advancements in artificial intelligence have enabled a number of technological solutions to emerge in the construction industry with the potential to improve worksite efficiency, data quality, and overall innovation. Early adoption of such technologies has inherent operational and competitive benefits, though legal risks… Continue reading Artificial Intelligence In Construction: The Legal Implications
Consequential Damages: Is Your Waiver “Inconsequential”?
Earl K. Messer | Taft Stettinius & Hollister You are entering a major construction contract. You want to make sure you avoid a big damages claim to the extent you can. One of the typical contract clauses that comes to mind is one for a mutual waiver of consequential damages. You get it included in… Continue reading Consequential Damages: Is Your Waiver “Inconsequential”?
You Can Litigate a Dispute. Just Don’t LITIGATE a Dispute.
Garret Murai | California Construction Law Blog Litigation can get personal. But when you’re an attorney as well as the litigant, things can get both personal as well as nasty, and this can come back to bite you as was the case in Karton v. Ari Design & Construction, Inc., Case No. B298003 (March 9, 2021), 2nd District… Continue reading You Can Litigate a Dispute. Just Don’t LITIGATE a Dispute.