David A. Blake | Seyfarth Shaw Potential Damages Potential damages arising from the failure to achieve statutory or contractual requirements concerning Leadership in Energy and Environmental Design (LEED) or other green building standards are far ranging and may include: fines, loss of financing or tax incentives, loss of tenants, decreased building value, decreased worker productivity,… Continue reading Contract Drafting Tip: “LEED” Damages and the Waiver of Consequential Damages Clause
Month: July 2021
Mechanic’s Liens: Five Things That Everyone Should Know
Deb Mackay and Carl Pebworth | Faegre Drinker Biddle & Reath Anyone who works in construction and on construction projects will deal with mechanic’s liens. Sometimes referred to as construction liens or property liens, mechanic’s liens are typically statutory creations designed to protect contractors, subcontractors and suppliers that have not been paid for work performed… Continue reading Mechanic’s Liens: Five Things That Everyone Should Know
Enhancing Efficiency in Construction Disputes: Innovative Techniques for Presenting Evidence to Get to a Faster, More Cost-Effective Resolution
Laura Abrahamson | JAMS The rapid growth of construction arbitration over the last 20 years is a testament to its advantages over traditional litigation: speed, cost and flexibility. But as parties submit larger and more sophisticated disputes, they are looking for ways to ensure the process can still provide those advantages. The good news is… Continue reading Enhancing Efficiency in Construction Disputes: Innovative Techniques for Presenting Evidence to Get to a Faster, More Cost-Effective Resolution
Lawyer’s Advocacy in Arbitrations: The Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
David K. Taylor | Buildsmart There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This post is the beginning of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make in arbitrations, both when I… Continue reading Lawyer’s Advocacy in Arbitrations: The Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make
The Force Majeure Doctrine And Standard Construction Form Contract Provisions: Revisiting An Old Contract Provision During These New Uncertain Times
Matthew S.C. Moore and Cornelius Banta, Jr. | Peckar & Abramson I. INTRODUCTION As we approach the first anniversary of the World Health Organization’s declaration of COVID-19 as a global pandemic, its impact on local and global economies and our way of life cannot be ignored. The effects of COVID-19 tothe construction industry are wide-reaching.… Continue reading The Force Majeure Doctrine And Standard Construction Form Contract Provisions: Revisiting An Old Contract Provision During These New Uncertain Times