Jeffrey S. Wertman | Construction Executive Part I of this series discussed the benefits of construction participants using alternative project delivery methods and properly addressing change order issues, rising costs and payment structure issues to manage construction during these uncertain times. Part II below explores the possibility that higher prices and steady consumer demand could lead… Continue reading Managing Once-in-a-Generation Construction Problems – Part II
Month: April 2023
Managing Once-in-a-Generation Construction Problems – Part I
Adam Richards | Construction Executive Being a successful contractor, much like being a successful lawyer, boils down to customer service. Clients must remain happy throughout the duration of the relationship, knowing that their chosen professional has their interests at heart, minimized surprises and maintained communication and transparency from start to finish. Even further, most owners… Continue reading Managing Once-in-a-Generation Construction Problems – Part I
Common Insurance Coverage Exclusions
Sacks Tierney The insurance company bears the burden to establish the applicability of any exclusion. Insurance policies limit coverage through the use of exclusions written into the policy. The insurer bears the burden to establish the applicability of any exclusion. Expected or Intended Injury Exclusion (a) in the standard CGL policy excludes any injury or… Continue reading Common Insurance Coverage Exclusions
NY Appellate Court Enforces Pay-If-Paid Provision Against Party With No Lien Rights
Faith Simms | Troutman Pepper Entech Engineering, P.C. v. Dewberry Engineers, Inc., 204 A.D.3d 467, 167 N.Y.S.3d 55 (1st Dep’t 2022) The New York Supreme Court Appellate Division recently affirmed a ruling enforcing a pay-if-paid provision. Defendant Dewberry Engineers, Inc. (Dewberry) contracted with the New York City Economic Development Corporations’ Build-It- Back Hurricane Sandy Program… Continue reading NY Appellate Court Enforces Pay-If-Paid Provision Against Party With No Lien Rights
Lien Waivers and Releases of Claims: Be Careful Not to Sign Away Your Rights!
Jackson S. Nichols and Jake B. Mitchell | Construction Law Now Blog Most commercial contractors are familiar with construction lien waivers (also called lien releases). Typically, there are two types: partial and final lien waivers. Standard industry practice requires contractors to submit executed partial lien waivers on a regular (usually monthly) basis with their payment… Continue reading Lien Waivers and Releases of Claims: Be Careful Not to Sign Away Your Rights!