Jake Carroll and Jenna L. Lasseter | Nelson Mullins When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted from the lender’s perspective, frequently contain provisions that conflict with or impose additional obligations beyond those in… Continue reading Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents
Month: March 2025
Builder’s Risk: Complexities in Insuring Existing Structures
Jonathan Held | J.S. Held Introduction Property insurance for projects under construction can be significantly complex. Insuring renovation projects under a builder’s risk policy will often require more care in crafting a policy that provides adequate protection. This paper is intended to highlight the myriad complexities of insuring a renovation project under a builder’s risk… Continue reading Builder’s Risk: Complexities in Insuring Existing Structures
Tips for Setting the GMP
Kenneth Block | Tannenbaum Helpern Syracuse & Hirschtritt Under the guaranteed maximum price (GMP) construction contract delivery method, great care and attention must be given by the owner in setting the GMP, usually done by way of a “GMP Amendment,” following the CM’s submission of a “GMP Proposal.” The final GMP should be all inclusive,… Continue reading Tips for Setting the GMP
“Over? Did You Say ‘Over’?” Determining the Preclusive Effect of an Earlier Arbitration Award
Daniel Lund III | Phelps Dunbar In Nat’l Cas. Co. v. Cont’l Ins. Co., 2024 U.S. App. LEXIS 29826 (7th Cir. Nov. 22, 2024), the United States Seventh Circuit Court of Appeals recently held that under the Federal Arbitration Act, an arbitrator – and not a court – is to determine the preclusive effect of an… Continue reading “Over? Did You Say ‘Over’?” Determining the Preclusive Effect of an Earlier Arbitration Award
Are You Really Covered as an Additional Insured?
Ryan Gibbons, Akiva Gottlieb, Andrew Jagoda, Philip Nemecek and Scott Vetri | Katten Muchin Rosenman For your next construction project in New York, securing commercial general liability coverage as an additional insured may not be as simple as it would appear. Recent court rulings have interpreted the terms of insurance policies, where additional insured parties… Continue reading Are You Really Covered as an Additional Insured?