Eric Brodfuehrer | Ankura Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project A Third-Party Neutral During Construction Primer What Is a Third Party Neutral? A Third-Party Neutral, or Project Neutral, is typically understood to be a mediator or arbitrator in legal proceedings tasked with… Continue reading Mediating Construction Claims in Real-Time
Month: May 2024
Incorporating Excusable Delays Into Firm Fixed-Price Subcontracts May Create Liability
Richard Dean Holzheimer and Kang He | McGuireWoods In L3Harris Maritime Services, Inc f/k/a L-3 Unidyne, Inc. v. BAE Systems, Norfolk Ship Repair Inc., U.S. Magistrate Judge Robert Krask from the Norfolk Division of the Eastern District of Virginia recently held that, even in a firm fixed-price contract, requiring a subcontractor to maintain its contractually agreed-upon… Continue reading Incorporating Excusable Delays Into Firm Fixed-Price Subcontracts May Create Liability
How to Prevent Frequent Contract Errors in Large Construction Projects
Judge Chad Allred | JAMS Fantastic news! The deal has come together—for construction of the steel bridge or for placement of the exterior panels on the downtown high-rise or for the dirt work at the site of the new energy plant. All the hard work, planning, bidding and negotiation have reached a culmination! Well, not… Continue reading How to Prevent Frequent Contract Errors in Large Construction Projects
Insurers Dispute Sharing of Defense in Construction Defect Case
Tred R. Eyerly | Insurance Law Hawaii The California Court of Appeal affirmed the trial court’s decision that the defending insurer was not entitled to reimbursement of defense costs from another insurer based upon a subcontract and additional insured endorsement. Zurich Am. Ins. Co. v. Old Republic Gen. Ins. Corp., 2024 Cal. App. Unpub. LEXIS… Continue reading Insurers Dispute Sharing of Defense in Construction Defect Case
Resolving Subcontractor Disputes with Pass-Through Claims and Liquidation Agreements
Stephanie Cooksey | Texas Contractor Imagine a project where you are unable to reach final completion due to an unresolved subcontractor claim. If the project owner is responsible for the claim, and both the owner and subcontractor are entrenched in their positions, how would you resolve this dispute? The default option is a three-party lawsuit… Continue reading Resolving Subcontractor Disputes with Pass-Through Claims and Liquidation Agreements