John Benjamin Patrick | Gordon & Rees LLP | July 13, 2016 We all know what purpose a termination for convenience clause is supposed to serve: if circumstances have changed such that the owner (or, in the case of a subcontract, the general contractor) believes it is no longer advisable to proceed, the contract is… Continue reading Drafting Enforceable Termination for Convenience Clauses
Tag: subcontractors
Can General Contractors Make Subcontractors Pay for OSHA Violations?
Craig Martin | Construction Contract Advisor | March 1, 2015 OSHA has long held the opinion that general contractors may be held liable for subcontractor’s OSHA violations and the Eighth Circuit Court of Appeals, overseeing the Midwest, has agreed since 2009. To combat this risk, general contractors would be well served to incorporate targeted indemnity… Continue reading Can General Contractors Make Subcontractors Pay for OSHA Violations?
Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners
Kat Statman and Eddie De Los Santos – The Dispute Resolver – September 16, 2014 On August 22, 2014, the Texas Supreme Court ruled that both the trial court and the court of appeals improperly dismissed a property owner’s claim for negligence against a subcontractor for improper plumbing installation in Chapman Custom Homes, Inc. v.… Continue reading Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners
U.S. Supreme Court Enforces Forum-Selection Clause in Construction Subcontract
Jason L. Cagle – December 9, 2013 On the Best Practices Construction Law blog, Matt DeVries posted an interesting summary of the U.S. Supreme Court’s recent opinion concerning enforcement of forum-selection clauses in construction contracts in Atl. Marine Const. Co., Inc. v. U.S. Dist. Ct. for the W. Dist. of Tex., 2013 U.S. LEXIS 8775, 2013 WL 6231157 (Dec. 3,… Continue reading U.S. Supreme Court Enforces Forum-Selection Clause in Construction Subcontract
Mechanic’s Lien Waivers: Understand What You Are Waiving
Eric Radz and Paul Sugar – September 18,2013 In Maryland and elsewhere, a mechanic’s lien safeguards a contractor’s entitlement to payment on a private project. It is a statutory device that, if properly pursued, provides a contractor a security interest in the real property improved by the contractor. While a project is under construction, an… Continue reading Mechanic’s Lien Waivers: Understand What You Are Waiving