Brian Perlberg | ConsensusDocs The AGC annual convention included a session entitled “Who’s on the Hook for Design Defects in Design-Build Projects.” Fox Rothschild’s Dirk Haire, Les Synder of Infrastructure Construction Brightline West, and David Hecker of Kiewit presented. Attendees crowded into a standing-only room because more and more builders are facing design liability, especially design-builders on… Continue reading Unfair Risk Allocation on Design-Build Projects
Month: June 2022
NDAs: What to Consider Before Signing on the Dotted Line
Jodie Clark McDougal | Fredrikson & Byron Non-disclosure agreements (NDAs) are often part of the discussions my clients have surrounding a potential construction or real estate project to protect the confidential information regarding the project and proprietary information of the parties. A good NDA, among other things, clearly defines the scope of the NDA and… Continue reading NDAs: What to Consider Before Signing on the Dotted Line
A Brief Discussion – Liquidating Agreements
Gerard J. Onorata | ConsensusDocs During a construction project, it is not uncommon for disputes to arise between a general contractor and a subcontractor. Frequently, these disputes involve claims for extra work and delay damages that can be attributed to the owner of the project due to deficient design or unforeseen conditions. When these occasions… Continue reading A Brief Discussion – Liquidating Agreements
The Case For An Owner’s Representative
Richard s. Reizen and Patrick J. Johnson | Gould & Ratner The Need for Owners to React in Real Time to Project Changes Caused by Supply Chain Interruptions, Skyrocketing Material Increases and Labor Shortages A construction project is a marathon and not a sprint. Rushing through the project without preparation and a plan for the… Continue reading The Case For An Owner’s Representative
When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage
Gary L. LaHendro | Haight Brown & Bonesteel In Maryam Ghukasian v. Aegis Security Insurance Company (No. B311310, filed April 14, 2022, and certified for publication on May 5, 2022), the Court of Appeal of the State of California, Second Appellate District held that Maryam Ghukasian’s insurer, Aegis Security Insurance Company (“Aegis”), had no duty to defend… Continue reading When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage