George Talarico | Construction Executive | September 11, 2018 The contract documents published by the American Institute of Architects are widely utilized by the construction industry. As such, prudent participants in the construction process analyze these documents in order to appreciate their legal rights and obligations. This analysis is particularly important in light of the… Continue reading A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks – Part I
Tag: construction contracts
General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Luke Nicholas Eaton | Pepper Hamilton LLP | October 11, 2018 Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the U.S. Army Corps of Engineers… Continue reading General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Changes and Extra Work – Is There a Limit?
Joseph R. Young | Smith Currie | October 1, 2018 Design and construction changes can be a challenge for everyone involved in a construction project. Designers and contractors endeavor to deliver a project that meets the owner’s needs, budget, and aesthetic considerations. As a project comes to fruition, the project frequently changes, and the parties… Continue reading Changes and Extra Work – Is There a Limit?
Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects
John Castro | Gordon Rees Scully Mansukhani | 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,… Continue reading Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects
Contingent Payment Clauses in Utah “Deal or No Deal?”
Kent Scott | Babcock Scott and Babcock | October 10, 2018 Introduction. Contingent payment clauses provide parties involved in a construction project with a contractual method for determining who will absorb losses that may occur if the owner fails to pay for work performed on the project. In Utah, the law remains unsettled in this… Continue reading Contingent Payment Clauses in Utah “Deal or No Deal?”