Risks of Exposure to Tort Claims Vary by State: Know Your Rights Before You Sign That Construction Agreement

Robert J. Golterman, Jeremy P. Brummond and Patrick F. Ganninger | Lewis Rice Parties negotiating construction agreements often think about the types of damages either party may claim if the other party breaches the agreement. Many times, however, the parties do not consider other damages that may be available under state law tort theories (such… Continue reading Risks of Exposure to Tort Claims Vary by State: Know Your Rights Before You Sign That Construction Agreement

Can I Enforce The Arbitration Clause In A Terminated Agreement?

Joseph A. Apatov, Stephanie Hand-Cannane, James W. Sandy, Chase Stoecker and Alyssa Weiss | McGlinchey Stafford Ohio Statute of Frauds Kopsky v. MURrubber Technologies, Inc., 9th Dist. Summit Nos. 29867, 29984, 2022-Ohio-511 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, agreeing that the alleged agreement was barred by the Statute of… Continue reading Can I Enforce The Arbitration Clause In A Terminated Agreement?

Small Construction Jobs – A Construction Agreement that Protects a Property Owner

Peter Pokorny | Real Estate Counselors Introduction – Real estate owners frequently hire contractors for small andless complex projects to construct, remodel or improve their property. Evenfor small jobs, a construction contract is beneficial. The contract requiresboth parties to reach an agreement on the scope of the project and paymentbefore work begins and protects the… Continue reading Small Construction Jobs – A Construction Agreement that Protects a Property Owner

Four Key Steps for a Successful Construction Audit Process

Ronald L. Williams | Fox Rothschild The implications of the audit provisions contained in construction agreements between owners and contractors owners extend far beyond post-completion bean counting, and can affect multiple aspects of a project, from project administration to relationships with key subcontractors. It is critically important that contractors give audits the attention they deserve… Continue reading Four Key Steps for a Successful Construction Audit Process

Is It Legal To Require Indemnification On Project Application Or As Condition Of Approval?

Ryan Michael Leaderman and Paloma Perez-McEvoy | Holland & Knight Highlights Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant to agree to defend, indemnify, protect and hold harmless the local agency in any… Continue reading Is It Legal To Require Indemnification On Project Application Or As Condition Of Approval?

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