Megan Healy | Holland & Knight Highlights The Texas Legislature recently passed a new law concerning owner-furnished designs for construction projects, thereby overturning more than 100 years of precedent in Texas previously holding that contractors bore the risk of deficient design when the contract was silent on the issue. Prime contracts entered into between owners… Continue reading Texas Contractors No Longer Bear Risk for Defects in Owner-Furnished Designs
Month: March 2022
Construction Defect Insurance Claims
Jim Borders and Granger Stuck | J.S. Held Introduction Construction defect claims and cases are scenarios wherein physical loss or damage is claimed to be related to defective building elements that will require repair or replacement. Typical defect claims and cases will involve exterior building enclosures or the building structure. However, it is important to… Continue reading Construction Defect Insurance Claims
PSA: Virginia House Passes Pay-if-Paid Ban for Construction Contracts
Christopher G. Hill | Construction Law Musings In a move that was much anticipated, the Virginia senate recently passed legislation barring straight pay-if-paid clauses in construction contracts between General Contractors and Subcontractors. SB550 effectively nullifies the “condition precedent” pay-if-paid clauses that are sometimes the bane of a subcontractor’s existence. The Virginia House of Delegates passed its own substitute bill… Continue reading PSA: Virginia House Passes Pay-if-Paid Ban for Construction Contracts
Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties
Paul R. Cressman, Jr. | Ahlers Cressman & Sleight In a recent case decided by Division III of the Washington Court of Appeals, David Terry Investments, LLC – PRC v. Headwaters Development Group LLC,[1] the court held that parties to an arbitration agreement can be compelled to arbitrate related claims with non-parties to the agreement based on… Continue reading Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties
There is No Sympathy if You fail to Read Closely the Final Negotiated Construction Contract
David Adelstein | Florida Construction Legal Updates When an opinion in a case starts with, “Unlike some motions, not even the most ingenious lawyers could make this one complicated,” you know you are in for an interesting read. This was how the opinion started in U.S. f/u/b/o Hambric Steel and Fabrication, Inc. v. Leebcor Services, LLC, 2022… Continue reading There is No Sympathy if You fail to Read Closely the Final Negotiated Construction Contract