Jose A. Aquino | Duane Morris The recent decision in BCC Housing Development Corp. v. LPCiminelli, Inc., entered on February 27, 2025, by the New York Supreme Court, Appellate Division, Third Department, addresses the enforcement of contractual time limits in performance bonds and clarifies when a contractor’s work is considered complete under a construction contract. BCC… Continue reading The Impact Of Corrective Work On Performance Bond Deadlines: A Case Study
Tag: Construction Contract
Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents
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
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
Under New York Law a Recourse Provision Bars Most Claims Except for Fraud
Bill Wilson | Construction Law Zone In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of action for tortious interference with contract, unjust enrichment, and statutory violations of a trade practices statute,… Continue reading Under New York Law a Recourse Provision Bars Most Claims Except for Fraud
Veolia Water Technologies, Inc. v. Antero Treatment LLC: Colorado Court of Appeals Addresses Fraud in Design-Build Contracts
David McLain | Higgins, Hopkins, McLain & Roswell The Colorado Court of Appeals recently issued a significant decision in Veolia Water Technologies, Inc. v. Antero Treatment LLC, 2024 COA 126, clarifying the scope of the economic loss rule and the role of fraudulent misrepresentation in design-build contracts. The case serves as a cautionary tale for both… Continue reading Veolia Water Technologies, Inc. v. Antero Treatment LLC: Colorado Court of Appeals Addresses Fraud in Design-Build Contracts