Jeffrey Cavignac | Construction Executive One of the most important provisions in a construction contract is the indemnity provision. An indemnity provision, which usually includes a requirement to hold harmless and defend another party, is included in nearly all construction contracts. Generally speaking, the upstream party (a general contractor or owner, for example) is attempting… Continue reading Understand Agreements in Hold Harmless and Indemnity Provisions
Month: June 2022
Virginia Is for Lovers… of Strict Contract Language: New Law Prohibits Pay-if-Paid Clauses in Construction Contracts
Amy Elizabeth Garber and Robert J. Symon | Buildsmart Virginia has joined the growing number of states that prohibit “pay-if-paid” clauses. The new law, known as Virginia Senate Bill 550, amends Virginia’s Prompt Payment Act (Va. Code § 2.2-4354) and its relatively new (July 1, 2020) wage theft statute (Va. Code § 11-4.6) and applies… Continue reading Virginia Is for Lovers… of Strict Contract Language: New Law Prohibits Pay-if-Paid Clauses in Construction Contracts
Termination for Convenience Clauses: Maybe More Than Just Convenience
Robert C. Shaia and Jane M. Kutepova | ConsensusDocs A contractor begins work on a project and everything is going well, until one day the owner informs the contractor that it is being terminated for convenience. Possibly, there is no discussion about alleged defects, reasons for the termination, or any damages the owner might seek against… Continue reading Termination for Convenience Clauses: Maybe More Than Just Convenience
Death, Taxes and Attorneys’ Fees in Construction Disputes
Garret Murai | California Construction Law Blog According to Benjamin Franklin there are two certainties in this world: Death and taxes. Let me humbly add a third if you’re ever involved in non-contingency civil litigation: Attorneys’ fees. As such, when it comes to legal disputes, sophisticated parties know that it’s not just about winning but the… Continue reading Death, Taxes and Attorneys’ Fees in Construction Disputes
Water Damage Sub-Limit Includes Tear-Out Costs
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeals affirmed the trial court’s ruling that the homeowner policy’s sub-limit for water damage included tear-out costs. Sec. First Ins. Co. v. Vazquez, 2022 Fla. App. LEXIS 1205 (Fla. Ct. App. Feb. 18, 2022). A discharge of water from the cast… Continue reading Water Damage Sub-Limit Includes Tear-Out Costs