Timothy J. Abeska | Barnes & Thornburg LLP | December 15, 2014 Construction contracts often incorporate multiple documents by reference. A recent Indiana case provides an example of a court enforcing contract provisions rather than markings on construction drawings that are inconsistent with contract requirements. Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc.,… Continue reading Architect’s Markings on Drawings Did Not Trump Terms of Construction Contract
Tag: Construction Contract
A Cautionary Tale for General Contractors
Hopkins & Carley | November 25, 2014 Construction lenders often go to great lengths to ensure their deeds of trust have priority over mechanic’s liens. Typically, as part of the construction loan process, general contractors are asked to sign documents consenting to the owner’s assignment of the construction contract to the lender. According to a… Continue reading A Cautionary Tale for General Contractors
New York Court Revisits Architect’s Duty Under Contract and Tort Principles
Traub Lieberman Straus & Shrewsberry LLP | November 4, 2014 Issues of privity and whether claims sound in breach of contract or negligence are common in construction defect cases involving architects and New York is no exception. Indeed, New York courts have long wrestled with architect liability and formulas for imposing or defeating liability. A… Continue reading New York Court Revisits Architect’s Duty Under Contract and Tort Principles
When the “Discovery Rule” is Irrelevant
Adam L. Gill – Duane Morris LLP – September 29, 2014 Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted… Continue reading When the “Discovery Rule” is Irrelevant
What law applies to your Construction Contract – Simple or Not?
Ken Goff – Florida Construction Law Authority – September 23, 2014 You have a construction contract for work to be done on a project in Florida. Although hoping that all goes well, it’s your belief that if any legal issues arise, Florida law would apply. That may be correct, since Florida law would generally apply… Continue reading What law applies to your Construction Contract – Simple or Not?