John Mark Goodman | BuildSmart Listen to this post The Second Circuit Court of Appeals recently applied a no-damages-for-delay provision to affirm the dismissal of a demolition contractor’s breach of contract claims. The project involved reconstructing and raising the Bayonne Bridge between Staten Island and New Jersey. The Port Authority awarded the general contract on the $1.29… Continue reading Second Circuit: No-Damages-For-Delay Clause Bars Claim
Month: April 2024
Explaining What “and” Means
Jay C. Johnson | Venable Everyone knows what “and” means. “And” is not a word you have to look up. So why did the use of “and” in a criminal sentencing statute divide the U.S. Supreme Court? Because the statute’s grammatical structure allowed “and” to be read in two ways. How the majority in Pulsifer v.… Continue reading Explaining What “and” Means
Is Premises Liability The Same As Negligence?
Taylor Rodney Marks | Ward and Smith In today’s world, we travel all the time. We shop at grocery stores and department stores, we take walks on the sidewalks in our neighborhoods, and we go to large events, such as concerts or weddings, at various venues. But what happens when a condition on someone else’s… Continue reading Is Premises Liability The Same As Negligence?
Sweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction Contract
Bill Shaughnessy | ConsensusDocs Reviewing and understanding the terms of your construction contract before signing on the dotted line (ideally with counsel involved) is an obvious best practice – whether you are owner, general contractor, design-professional or down-tier subcontractor or supplier. Typically, during this review process, parties pay closest attention to terms relating to price,… Continue reading Sweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction Contract
Products Liability Law – Application of Economic Loss Rule
David Adelstein | Florida Construction Legal Updates When it comes to product liability law, one important doctrine that will always come up is the economic loss rule. The economic loss rule, oftentimes going by its acronym ELR, lives and breathes in the realm of product liability law. Does the economic loss rule extend to a manufacturer’s distributor for a duty… Continue reading Products Liability Law – Application of Economic Loss Rule