Caitlin Kicklighter | ConsensusDocs When disputes on a construction project escalate to litigation, general contractors may find themselves entangled in a costly and time-consuming legal battle. One important concept to understand is contractual fee-shifting under a “prevailing party” provision, which can significantly impact damages recovered in litigation. The general rule, known as the “American Rule,”… Continue reading Contractual Fee-Shifting in Litigation: Who Pays the Price?
Tag: Construction Contract
Managing Extreme Weather-Related Delay and Disruption Claims on Projects
Mark Crossley, Tom Smith and Lee Wake | Hogan Lovells Key steps when making and assessing extension of time and cost claims for project delays and disruptions caused by increasingly frequent extreme weather events. A growing number of “freak” weather events, such as record temperatures, rainfall and wind speeds are leading to wildfires, heatwaves, floods… Continue reading Managing Extreme Weather-Related Delay and Disruption Claims on Projects
The Legal Concept of Privity of Contract
Robert B. Nussbaum | Saiber Construction Law Column The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties generally cannot enforce a contract, even if they were… Continue reading The Legal Concept of Privity of Contract
Another Reminder that Your Construction Contract is Only as Good as Those Signing It
Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, we beat the constant drum that “the contract is king” and “draft a good and well-worded construction contract” consistently. As a Virginia construction attorney, I stand by these statements and fully endorse a well-written construction contract. Such a contract will set expectations and provide the rules… Continue reading Another Reminder that Your Construction Contract is Only as Good as Those Signing It
Updates to AIA Contract Applications
Anand Gupta | Construction Law Zone The construction industry often relies on contract forms drafted by the American Institute of Architects (AIA). These AIA forms include agreements between owners, designers, consultants, contractors, subcontractors, and construction managers. Some prefer to use the forms in the stock form, but others prefer to modify the language to their… Continue reading Updates to AIA Contract Applications