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Recent Posts

WHAT IS SUBSTANTIAL COMPLETION?

Posted on 8 November, 2013
The term “substantial completion” is in most construction contracts. And, it should be. This date marks the date the owner expects to be able to use its project for its intended purpose and, if it cannot, the contractor will (likely) be assessed liquidated damages...

DIFFERENCE BETWEEN A DESIGN AND PERFORMANCE SPECIFICATION AND THE SPEARIN DOCTRINE

Posted on 3 November, 2013
The difference between a design specification and a performance specification is important under what is known as the Spearin doctrine--the implied warranty of constructability doctrine--based on the United Supreme Court case U.S. v. Spearin, 248 U.S. 132 (1918). The Spearin doctrine is recognized...

WHAT TRIGGERS A LIABILITY INSURER’S DUTY TO DEFEND

Posted on 31 October, 2013
Parties in construction absolutely need to understand what triggers the duty of a liability insurer to defend a lawsuit. This needs to be understood not only by the insured-party being sued, but by the entity suing the insured-party. A liability insurer’s duty to defend its...

A CERTIFICATE OF INSURANCE IS NOT INSURANCE COVERAGE

Posted on 29 October, 2013
Owners always want to see the certificate of insurance (“COI”) from the general contractor. The general contractor wants to see the COI from its subcontractors. Parties want to see the COI from an entity they are hiring to confirm they have applicable insurance (

PRESERVING PERFORMANCE BOND CLAIMS

Posted on 29 October, 2013
Performance bonds can be a valuable source of protection to owners that want their general contractors to provide a performance bond and, likewise, to general contractors that want certain subcontractors to provide a performance bond. The performance bond is designed to benefit the...