Jacob Goodelman | Construction Law Blog | November 27, 2018 In Massachusetts, it is well established that a contractor cannot recover damages from a construction contract without first showing that the contractor completely and strictly performed on all of the contract’s terms. Recently, the Massachusetts Supreme Judicial Court narrowed the rule by concluding that complete… Continue reading Massachusetts SJC Clarifies “Strict Compliance” Standard in Construction Contracts
Tag: construction contracts
Allocation of Risk in Construction Contracts – 2018 Update
Ellis Baker, Luke Robottom and Anthony P. Laver | White & Case | December 14, 2018 Risk in construction contracts ‘Risk’, in a project delivery context, can be defined as ‘an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the project’s… Continue reading Allocation of Risk in Construction Contracts – 2018 Update
A Case Against One-Size-Fits-All Construction Contracts
Chris Bailey, Oliver McEntee, James Castello, Adrian Cole, Mike Stenglein, Simon Dunbar and Jia Lin Hoe | King & Spalding LLP | November 29, 2018 Project development involves careful planning and clear contractual requirements on the front end to help ensure that the project is completed on time and within the budget. Key components of… Continue reading A Case Against One-Size-Fits-All Construction Contracts
The Devil’s in the Details: Dispute Resolution and Attorney’s Fees Contract Clauses
Kent B. Scott | Babcock Scott & Babcock | December 13, 2018 If you are a business owner, a property owner, or you work in the real estate industry, you have undoubtedly signed, drafted, reviewed, or negotiated many contracts. At their most fundamental level, written contracts are nothing more than the memorialization of the… Continue reading The Devil’s in the Details: Dispute Resolution and Attorney’s Fees Contract Clauses
Waiver of Consequential Damages in Florida May Have Unintended Consequences
Jared Gillman | Construction Industry Counselor | December 7, 2018 In Florida, parties often negotiate and include a waiver of consequential damages in construction contracts and design professional contracts. However, based on a recent decision by one Florida appellate court, waiving the right to recover consequential damages may have a broader impact than intended. In Keystone… Continue reading Waiver of Consequential Damages in Florida May Have Unintended Consequences