John Castro | Construction Law Blog | October 5, 2018 The United States District Court for the Southern District of California has now held that the Spearin doctrine applies to design-build subcontractors where the subcontractor is expected to design a portion of their work. The case is United States for the use and benefit of Bonita Pipeline, Inc.,… Continue reading Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects
Tag: construction contracts
Contract Scope Limits Tort Liability
Stan Martin | Commonsense Construction Law LLC | October 26, 2018 From the Massachusetts Appeals Court comes a reminder that a contract scope of services may serve to control or limit the scope of tort liability. New homeowners sued the contractor and designer, hired by the former homeowner for a replacement septic system, when that… Continue reading Contract Scope Limits Tort Liability
Construction Law Practice Tip: The Discovery Rule Bar is High for Breach of Contract Claims
Pierre Grosdidier | Haynes and Boone LLP | November 5, 2018 Two cases from Houston appellate courts show the relatively high bar that breach of contract claims must meet to satisfy the discovery rule. The cases show that parties in the construction industry must mind the details and cede no opportunity to confirm contractual performance… Continue reading Construction Law Practice Tip: The Discovery Rule Bar is High for Breach of Contract Claims
A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part II
George Talarico | Construction Executive | September 18, 2018 Part I addressed general conditions, revised insurance terms, revisions that affect owner’s required insurance and revisions that affect contractor’s required insurance. REVISIONS THAT AFFECT DISPUTE RESOLUTION A seemingly minor but noteworthy change is to the definition of “Claim.” Under Section 15.1 a “Claim” is defined to: include… Continue reading A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part II
Almost Nothing is Impossible
Smith Currie | October 22, 2018 In today’s ever-changing legal and political climate, contractors are being forced to deal with events and circumstances that seemed improbable just a short time ago. These changing circumstances have led some contractors to question whether they are required to continue performing in the face of uncertainty and, in many… Continue reading Almost Nothing is Impossible