Eric A. Berg | Ogletree Deakins | February 7, 2017 The “additional insured” provision is one of the most critical provisions in a contract, yet is usually an afterthought. Contract negotiations over scope, schedule, and budget can and should demand your full attention, but the majority of legal problems that arise during and after a… Continue reading The Unbearable Lightness of Being an Additional Insured
Tag: Construction Contract
Florida Court’s Decision Should be a Caution to General Contractors to Precisely Follow a Performance Bond Procedural Requirements
Brendan Carter | The Dispute Resolver | January 14, 2017 In Arch Insurance Company v. John Moriarty & Associates of Florida, Inc., 2016 U.S. Dist. LEXIS 172173, the U.S. District Court for the Southern District of Florida granted Summary Judgment to a surety after finding that a general contractor did not satisfy the procedural requirements… Continue reading Florida Court’s Decision Should be a Caution to General Contractors to Precisely Follow a Performance Bond Procedural Requirements
Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Randolph E. Ruff and Jonathan M. Mraunac | Ogletree Deakins | October 31, 2016 It is common knowledge among construction litigators that in order for a contractor to recover attorneys’ fees from a subcontractor, the subcontract must specifically state that attorneys’ fees are recoverable. However, in litigation, the arguments impeding a contractor’s recovery of fees… Continue reading Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Resolving Conflicting Contract Terms
Stan Martin | Commonsense Construction Law LLC | October 4, 2016 Was one party trying to be cute, or was this simply an error not caught in the drafting process? Two inconsistent terms made it into the final contract, and then became the basis for a post-termination dispute. One term allowed the contractor to recover… Continue reading Resolving Conflicting Contract Terms
Getting the Best Numbers on Your Estimate
Eugene Peterson | Advise & Consult, Inc. | August 18, 2016 Numbers in our business are pretty important. With few exceptions our disputes center on actions which include remedies that are translated into numbers. Is there anything more terrifying than having to go to court with numbers you are uncertain of or question? It seems… Continue reading Getting the Best Numbers on Your Estimate