Ted Scott and Meera Wagman | Global Arbitration Review This is an extract from the 2022 edition of The Arbitration Review of the Americas. The whole publication is available here. In summary This article will address how concurrent delay is defined and how it is applied in different parts of the Americas. It will also discuss pitfalls,… Continue reading Concurrent Delay in the Americas: Is There a Continental Shift?
Month: October 2021
Force Majeure Application to Increase in Price of Materials
Kent B. Scott | Babcock Scott & Babcock Is a substantial increase in the cost of materials covered by a force majeure provision? If so, what is the appropriate remedy? Short Answer In short, the answer is dependent on the terms of the specific contract. If a contract is a fixed price contract, an increase… Continue reading Force Majeure Application to Increase in Price of Materials
Material Cost Escalation: Who Bears the Cost Now? And, What Can Be Done to Address the Problem in the Future?
Sherman Botts | Stinson While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone’s experience. Prior to COVID-19, material costs have spiked for many products, such as oil, asphalt, concrete and plywood. Those cost increases may have… Continue reading Material Cost Escalation: Who Bears the Cost Now? And, What Can Be Done to Address the Problem in the Future?
Construction Defect Damages May Exceed Cost To Repair
Peter Selvin | Ervin Cohen & Jessup Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and even attorney fees. For this reason, builders, suppliers, contractors and subcontractors who are faced with… Continue reading Construction Defect Damages May Exceed Cost To Repair
When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case
Curtis Martin | ConsensusDocs When construction defects occur during construction, they intensify pressure from a schedule that may already be tight. Defects must be analyzed, confirmed, removed, and replaced and this can be time consuming. Or course, a construction schedule rarely anticipates defects, demolition, and rework and the owner will still expect the project to… Continue reading When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case