Scott S. Orenstein Construction Contract disputes are complicated legal matters. Both sides usually have valid points to make. The winner is determined by the application of relatively complex facts to the law. Such cases often involve information beyond the knowledge and understanding of the average juror. Although it is true that most judges do not… Continue reading You Should (Almost) Never Request A Jury For A Construction Case
Tag: Construction Contract
Michigan Legislature Expands Scope of Construction Contract “Sole Negligence” Indemnity Limitation Statute
Brian Page – March 28, 2013 Michigan statute (MCL 669.991) provides that a provision in a contract for the construction, alteration, repair or maintenance of a building, structure or appurtenance that would cause the contractor to indemnify the owner against damages arising from bodily injury or damage to property caused by or resulting from the… Continue reading Michigan Legislature Expands Scope of Construction Contract “Sole Negligence” Indemnity Limitation Statute
What is the Price of this Construction Contract?
Vincent G. Nelan – November 19, 2012 I had a conversation about a price term used in construction contracts that I thought the person I was talking with should have known. When I reflected on that conversation, I realized that it has taken me some time to understand the terms used in construction contracts and… Continue reading What is the Price of this Construction Contract?
Owner’s Material Breach may Excuse Contractor from Obligation to Perform
Alston & Bird, LLP – September 12, 2012 When things go wrong on a construction project, parties often engage in a “you-breached-no-you-breached” scenario. In a recent Texas case, an owner and contractor both alleged the other party breached the contract first, thus excusing their own further performance. The owner, who was also the general contractor,… Continue reading Owner’s Material Breach may Excuse Contractor from Obligation to Perform