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Recent Posts

INDUSTRY FORM CONTRACTS SERVE AS A TEMPLATE FOR YOUR CONSTRUCTION CONTRACT

Posted on 14 October, 2016
Recently, I put on a presentation on construction contracts--considerations when using an industry form contract as the template for your construction contract.  There are good industry form contracts that contemplate many different project delivery methods and objectives.  These industry form contracts are promulgated by widely respectable organizations including the...

IS PERFORMANCE BOND LIABLE FOR DELAY DAMAGES?

Posted on 6 October, 2016
There is an argument that a performance bond is not liable for delay damages UNLESS the bond specifically allows for the recovery of such damages.  Keep this in mind when requiring a

ADDITIONAL INSURED OBLIGATIONS AND THE UNDERLYING LAWSUIT

Posted on 2 October, 2016
As a general contractor, you understand the importance of being named an additional insured under your subcontractors’ commercial general liability (CGL) policies.   Not only do you want your subcontract to express that a subcontractor’s CGL policy is

PROPERLY TERMINATING A NOTICE OF COMMENCEMENT

Posted on 26 September, 2016
In prior postings I have discussed the importance of the notice of commencement, particularly when it comes to notifying lienors of applicable information regarding their construction lien or payment...

FLOWING DOWN LIABILITY IN CONSTRUCTION DEFECT LAWSUITS

Posted on 17 September, 2016
In construction defect lawsuits, third-party (or fourth-party) claims are routine to flow-down liability downstream.  Right, a general contractor sued by an owner will want to flow-down its liability to the subcontractors.  And, subcontractors will want to flow down their liability to sub-subcontractors and...