David R. Cook | School Construction News | June 13, 2018 In Part I of this article, published in late April, we discussed the performance risk and time risk involved with construction and design contracts, and in Part II, we will cover cost risk and political risk. Cost Risk School budgets are limited for many reasons, and… Continue reading Part II: Key Provisions of School Facility Construction & Design Contracts
Tag: construction contracts
Enforcing a Mechanic’s Lien in California? Don’t Waive Your Right to Arbitrate the Dispute
Jeff Brown | Thompson Coburn LLP | June 12, 2018 On June 6, 2018, the California Court of Appeal held that a contractor waived its right to arbitrate disputes because it recorded a mechanic’s lien and then didn’t follow California Code of Civil Procedure Section 1281.5 in its subsequent lawsuit to foreclose on the lien.… Continue reading Enforcing a Mechanic’s Lien in California? Don’t Waive Your Right to Arbitrate the Dispute
Contract Ambiguity Affected Accrual of Claim, and Statute of Limitations Analysis
Stan Martin | Commonsense Construction Law LLC | June 2, 2018 A seemingly minor ambiguity in contract terms, probably unnoticed at the time, has affected the timeliness of a claim for construction defects. The contract was signed in 2008, after the 2007 updates to the AIA contract forms had been published. The contract form, in… Continue reading Contract Ambiguity Affected Accrual of Claim, and Statute of Limitations Analysis
Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road
John Gregory and Michael Ludwig | Jones, Skelton & Hochuli PLC | May 17, 2018 There is an old saying: familiarity breeds contempt. Admittedly, residential construction defect cases can be repetitive. They usually involve the same Plaintiffs’ attorneys, the same alleged defects, and resolve in the same fashion for the same per-home amount. As a… Continue reading Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road
The Top 10 Changes to the AIA A201: What You Need to Know
Melissa Dewey Brumback | Construction Law Musings | May 4, 2018 In 2017, as it does every ten years, the American Institute of Architects (AIA) updated most of its standard form contract documents, including the A201 General Conditions. This cycle, the contract changes are evolutionary in nature, not revolutionary. Even so, it is crucial to… Continue reading The Top 10 Changes to the AIA A201: What You Need to Know