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Owners Should Exercise Caution When Waiving Consequential Damages Against Architects

AIA forms of agreements between owners and architects contain mutual waivers of consequential damages which, in the context of such agreements, invariably involve lost profits. Where manuscript forms are provided by an owner,...more

Pitfalls of the AIA Form of Performance Bond

When an owner requires a contractor to post a payment and performance bond, the contractor, invariably, provides a bond in the form of AIA Document A312-2010. The payment portion of the bond is primarily for the benefit of...more

Notice Requirements For Contractors Should Include Waivers For Non-Compliance

Construction projects in New York City are often fast-paced and large in scale. As a result, the attention of both contractors and owners is often focused on the progress of construction and not the details of the underlying...more

Saving Time And Cost In Negotiating Construction Management Agreements

In our negotiation of construction management agreements for owners and developers, we have found that some overly aggressive counsel for the construction manager respond to our draft agreements with voluminous redlines, in...more

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