David A. Eisenberg – February 25, 2014 When was the last time you read your contract? Or the last time you sidestepped a contractual provision because it was “too formal” or “impractical?” A general contractor recently learned the hard way that if you want to enforce your contract or impose a lien on a project,… Continue reading Know Your Contract, Follow its Terms: Simple Steps that can Help you Prevail in a Dispute
Tag: Construction Contract
Door Opening to Allow Common Negligence Claims Against Construction Professionals
Lane Powell – November 18, 2013 For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether they can pursue common law negligence claims. On November 14, the court decided Donatelli v. D.R. Strong… Continue reading Door Opening to Allow Common Negligence Claims Against Construction Professionals
Trading in the Handshake for a Well-Written Contract
Jodie Clark McDougal – August 26, 2013 In thinking about the article I would write for the September issue of Blueprint, my thoughts quickly turned to September’s Tour of Remodeled Homes and all of the great remodelers in the HBA. One construction law topic that I often speak about to remodelers is the benefits of having a well-written… Continue reading Trading in the Handshake for a Well-Written Contract
Builders in California May Further Limit the Statute of Limitations
Darren Johnson – July 19, 2013 The California Court of Appeal has upheld a provision in a construction contract by which the builder effectively shaved six years off the limitations period in which the owner could bring a construction defect lawsuit. In Brisbane Lodging L.P. v. Webcor Builders, Inc., 2013 DJDAR 7127 (June 3, 2013),… Continue reading Builders in California May Further Limit the Statute of Limitations
Standard AIA Contract Language May Waive “Discovery Rule”
Scott D. Cahalan and Darren G. Rowles – June 14, 2013 In a recent decision styled Brisbane Lodging, L.P. v. Webcor Builders, Inc., the California Court of Appeals found that a contract clause providing that all causes of action relating to the contract work would accrue from the date of substantial completion of the project… Continue reading Standard AIA Contract Language May Waive “Discovery Rule”