John Mark Goodman | BuildSmart Construction contracts often include clauses that purport to limit the liability of one or both parties. This includes clauses that completely prohibit any claims for certain types of damages such as lost profits and other consequential damages, extended overhead or other “delay” damages, and exemplary/punitive damages. Contracting parties may also include clauses… Continue reading Limitation of Damages Clause in Contract Held Inapplicable to Subcontractor’s Change Order Claim
Month: February 2024
Mitigating the Risks of Delegated Design
Francisco Matta | HKA The use of delegated design in construction, where a project’s design professional of record (DPR) assigns responsibility for a specific part of the design to the contractor, is on the rise throughout the industry. This approach, historically limited in practice to a narrow set of specialized elements like steel stairs and… Continue reading Mitigating the Risks of Delegated Design
Stick To Supervision: Best Practices For General Contractors To Avoid Liability Under The “Doctrine Of Active Participation”
Ciaran T. Kelly | Frantz Ward It has long been established under Ohio law that a construction site is an inherently dangerous workplace and a subcontractor who works at a construction site is engaging in inherently dangerous work.1 Generally, Ohio law imposes no duty upon a general contractor to render a workplace safe for its subcontractors… Continue reading Stick To Supervision: Best Practices For General Contractors To Avoid Liability Under The “Doctrine Of Active Participation”
If a Defect Occurs During Construction, Is It an “Occurrence?”
Brendan J. Witry | The Dispute Resolver Establishing insurance coverage for construction defects is almost as important as establishing liability in the underlying construction defect litigation itself. The risk to the defendant contractor of defending a construction claim can place significant burdens on a contractor’s operations and an uninsured judgment might even put the contractor… Continue reading If a Defect Occurs During Construction, Is It an “Occurrence?”
At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way
David McLain | Higgins, Hopkins, McLain & Roswell On February 5th, Senators Zenzinger and Coleman, along with Representative Bird, introduced Senate Bill 24-106 into the Colorado Legislature. The bill has been assigned to the Senate Committee on Local Government and Housing. What follows are the various portions of the bill I believe to be the… Continue reading At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way