Marcus R. Tucker | Phelps Dunbar Design contracts, including contracts between the project owner and the design professional, often contain risk transfer provisions such as contractual indemnity and insurance provisions. The parties to the contracts must be aware of the state law anti-indemnity statutes that can void or impact the risk transfer scheme. In Texas,… Continue reading Consider Anti-Indemnity Statutes When Transferring Risks for Design Contracts
Month: October 2022
New Proposed Rule Would Require Project Labor Agreements With Unions On “Large-Scale” Federal Construction Projects
Suzanne Sumner and Stephen G. Darby | Taft Stettinius & Hollister On Aug. 19, the Federal Acquisition Regulatory Council (FAR Council) proposed a rule to require labor agreements with unions on “large-scale” federal construction projects. This proposed rule, if finalized, would mandate the use of project labor agreements (PLAs) for federal construction projects that have a total… Continue reading New Proposed Rule Would Require Project Labor Agreements With Unions On “Large-Scale” Federal Construction Projects
Five Construction Payment Issues—and Solutions
Michael Bignold | Construction Executive Sales are important for construction companies that want to succeed. However, while companies certainly need to spend time on sales and marketing, having a full order book is only part of the equation. They still need to do the work and, even more importantly, they need to be able to… Continue reading Five Construction Payment Issues—and Solutions
Is the Event you are Claiming as Unforeseeable Delay Really Unforeseeable?
David Adelstein | Florida Construction Legal Updates Is the item or event you are claiming as an unforeseeable, excusable delay really unforeseeable? This is not a trick question. Just because your construction contract identifies items or events that constitute unforeseeable, excusable delay does not mean those items can be used as a blanket excuse or crutch for… Continue reading Is the Event you are Claiming as Unforeseeable Delay Really Unforeseeable?
Viewpoint: Tenth Circuit Court of Appeals Finds Policy Appraisal Clause Allows Causation Determinations
Jordan R. Plitt | Claims Journal In BonBeck Parker, LLC v. Travelers Indemnity Co. of America, 14 F.4th 1169 (10th Circ. 2021) the Court held that the Travelers’ policy permitted either party to request an appraisal on “the amount of loss,” which was a phrase with an ordinary meaning in the insurance context that unambiguously encompassed causation disputes.… Continue reading Viewpoint: Tenth Circuit Court of Appeals Finds Policy Appraisal Clause Allows Causation Determinations