Nora Valenza-Frost | PropertyCasualtyFocus | September 14, 2018 Courts sometimes struggle with the issue of whether property damage arising in the context of a contractual relationship, particularly in construction contracts, constitutes an “occurrence” under a standard commercial general liability (CGL) policy. Generally, but not always – and it varies from jurisdiction to jurisdiction – courts… Continue reading Underlying Assertion of Negligent Misrepresentation Is Not Necessarily an Occurrence
Tag: construction contracts
Teaming Agreements: Avoiding Unenforceable ‘Agreements to Agree’
Chris A. Raftery | Faegre Baker Daniels | September 4, 2018 In the construction industry, we see a growing trend of contractors, subcontractors and designers collaborating to pursue large construction contracts. Among many benefits, these collaborations enable companies to pursue projects that would otherwise be too large by combining their resources and skill sets with… Continue reading Teaming Agreements: Avoiding Unenforceable ‘Agreements to Agree’
Avoid Delay or Get Ready to Pay: The Risks of “Time-Is-of-The-Essence” Clauses
Stephen Orlando | Gordon & Rees Scully Mansukhani | August 10, 2018 Like death and taxes, construction delays are inevitable. Even the most cautious, diligent contractor may face subcontractor disputes, supply shortages, or inclement weather which slows down a project. Even if the contractor avoids unexpected problems, the sheer complexity of a job may cause… Continue reading Avoid Delay or Get Ready to Pay: The Risks of “Time-Is-of-The-Essence” Clauses
Can’t Get a Written Change Order? Document, Document, Document
Todd M. Heffner | Smith Currie | August 20, 2018 Most construction contracts require that any changes to the work be made formally, in writing, via a change order, work directive, or similar written document. Frequently, however, changes to the work or extra work are communicated orally by the architect, engineer, or owner’s representative, instead… Continue reading Can’t Get a Written Change Order? Document, Document, Document
Virginia Supreme Court Puts Contractor Teaming Agreements on Life Support
Paul R. Hurst, Kendall R. Enyard and Thomas P. Barletta | Steptoe & Johnson LLP | July 17, 2018 Although teaming is not officially dead under Virginia law, teaming agreements typically used by contractors may well be on life support after a recent Virginia Supreme Court decision holding that the post-award provisions of a teaming… Continue reading Virginia Supreme Court Puts Contractor Teaming Agreements on Life Support