Alston & Bird – September 12, 2012 Parties often question what, if any, standard of care construction managers (CMs) owe on a project. The 7th Circuit Court of Appeals recently addressed this question when a “greenhorn” carpenter was injured while trying to make repairs on the upper floors of a Trump Tower construction project in… Continue reading Construction Manager’s Obligations may Include Duties to Subcontractors
Tag: construction contracts
New Indemnity Law Protects Subcontractors
Maria J. Giardina – July 19, 2012 California Senate Bill 474 prohibits a contract provision requiring a subcontractor to indemnify a general contractor, construction manager, or other subcontractor for claims arising out of their “active negligence.” This bill, which becomes effective January 2013, represents a major legislative victory for subcontractors and establishes other important protections… Continue reading New Indemnity Law Protects Subcontractors
Warranty Disclaimers: Jones v. Centex Homes
May 31, 2012 The Ohio Supreme Court recently issued a very important ruling for home builders and contractors throughout Ohio. Centex Homes, a residential home builder, in its contract with its buyers attempted to disclaim all construction warranties and limit the buyers to certain specific written warranties. Jones and other claimants, however, brought claims for… Continue reading Warranty Disclaimers: Jones v. Centex Homes
Maryland Court Holds Arbitration Clause in a Contract Partially Unenforceable
Stephen R. Freeland May 7 2012 In College Park Pentecostal Holiness Church v. General Steel Corp., Civ. No. PJM 09-2070 (D. Md.), the United States District Court for the District of Maryland struck down several portions of an arbitration clause in a standardized construction contract as unconscionable. The case was filed by the plaintiff church… Continue reading Maryland Court Holds Arbitration Clause in a Contract Partially Unenforceable
Late Bids/Proposals
Jay R. Houghton – April 6, 2012 Proposing or bidding on federal government contracts requires that a contractor strictly comply with multiple regulations, as well as the requirements stated in the agency’s solicitation (“RFP” or “IFB”). If a contractor fails to do so, the likely result is that the expensive and time consuming proposal effort… Continue reading Late Bids/Proposals