Christopher G. Hill | Construction Law Musings Every contractor or subcontractor has seen that indemnification language in a contract that states that the indemnifying party will indemnify the contractor, owner, architect, owner representative (and likely to dog walker, though I’m unclear on that one) for any claim relating to the indemnifying parties actions to include any breach… Continue reading Quick Tip: Don’t Indemnify for Breach of Contract
Tag: Construction Contract
Proper Disposition of Subcontractor Pass Through Claims Essential to Managing General Contractor’s Risk
Burce A. Cohen | Ahlers Cressman & Sleight Because general contractors have direct contracts with their subcontractors, without proper contract clauses in place in the subcontract itself, general contractors can face unnecessary exposure to their subcontractors for claims that are the result of Owner caused issues. For this reason, a properly drafted subcontract should contain… Continue reading Proper Disposition of Subcontractor Pass Through Claims Essential to Managing General Contractor’s Risk
Important Terms for Price Escalation Clauses to Mitigate the Inflationary Effect of Tariffs on Construction Materials
Phillip Sampson, Jr, Richard Whiteley | Bracewell The prospect of 25 percent tariffs being imposed on all steel and aluminum imports by the newly elected Trump administration, together with the 10 percent increase on tariffs already levied on Chinese imports, has created uncertainty in the construction industry. The uncertainty is permeating existing construction projects because… Continue reading Important Terms for Price Escalation Clauses to Mitigate the Inflationary Effect of Tariffs on Construction Materials
Project Labor Agreements No Longer Mandated for Large Federal Construction Contracts
Richard Arnholt | Bass, Berry & Sims On January 21, in MVL, Inc., et al. v. United States, the U.S. Court of Federal Claims (COFC) struck down a 2022 Executive Order (EO), as well as the implementing Federal Acquisition Regulation (FAR), signed by then-President Biden that required government contractors to enter Project Labor Agreements (PLAs) in… Continue reading Project Labor Agreements No Longer Mandated for Large Federal Construction Contracts
Court Denies Developer Insurance Coverage to Repair Defective Construction
Paul Ferland and Joshua Tumen | Cozen O’Connor In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the hard costs associated with repairing a defective concrete slab because the insured… Continue reading Court Denies Developer Insurance Coverage to Repair Defective Construction