Wendy Rosenstein | Ahlers Cressman & Sleight At its most basic level, a contract is an agreement to make a trade. Parties to a contract agree to perform a specific action on the condition that the other side also performs a specific action. For instance, you and a Girl Scout could create a contract in… Continue reading Contract, Breach of Contract, and Material Breach of Contract
Tag: construction contracts
Subcontract Should Flow Down Delay Caused by Subcontractors
David Adelstein | Florida Construction Legal Updates A general contractor’s subcontract with its subcontractor should include a provision that entitles it to flow down liquidated damages assessed by the owner stemming from delays caused by the subcontractor. Such a provision does not mean the general contractor does not have to prove delays caused by the subcontractor or can arbitrarily… Continue reading Subcontract Should Flow Down Delay Caused by Subcontractors
Maybe Relief for Public Contractors Should Come from Thoughtful Legislation
Lexie R. Pereira | The Dispute Resolver With loss, comes suffering; and, when it comes to the coronavirus, loss exists in many forms. Attorneys across the country – particularly those representing contractors on public projects – are asking themselves, generally, “how can my client suffer less?” Or, more pointedly, “is there an argument to support… Continue reading Maybe Relief for Public Contractors Should Come from Thoughtful Legislation
A Few Things You Might Consider Doing Instead of Binging on Netflix
Garret Murai | California Construction Law Blog Governments throughout the world have issued “shelter in place” orders requiring that residents stay at home except for “essential” purposes. As a result, in the United States, more than a third of Americans have been ordered to stay at home. This, in turn, has had a direct impact… Continue reading A Few Things You Might Consider Doing Instead of Binging on Netflix
The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy
Matthew Lewis | Property Casualty Focus | October 18, 2019 Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise under the contract, the contract will always be interpreted under the… Continue reading The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy