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Construction and the Neighbors
California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction...more
Welcome to our eighth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Atlantech Decision Enforces Important Lessons About Avoiding Double-Payment Jeopardy in North Carolina...more
Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more
In this Insight, Zaynah Mirza considers the case of CLS Civil Engineering Ltd v WJG Evans and Sons (a partnership) [2024] EWHC 194 (TCC) which concerned a number of issues including whether the terms of the letter of intent...more
In the dynamic world of real estate development, the orchestration of real property documents (such as leases, easements, or purchase agreements that are collectively referred to here as “site control documents”) plays a...more
General Contractors may seek to condition payments to Subcontractors by using “pay-if-paid” or “pay-when-paid” clauses in their contracts. Typically, as the name suggests, pay-when-paid provisions concern the timing of...more
A Texas court has rejected a pipeline contractor’s $25 million claim for additional costs based on broad release language include in an executed change order (see Wood Group, USA v. Targa NGL Pipeline Company, LLC, No....more
With spring upon us, the construction industry is buzzing. As your company looks at upcoming construction projects in the pipeline, now is a great time to consider optimizing processes for efficient and effective contract...more
Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of...more
Construction lawsuits can encompass a wide variety of claims ranging from construction defects, construction delays, breach of contract claims, structural deficiencies, and environmental issues, to name only a few. They also...more
The purpose of a liquidated damages provision in a construction contract is to establish in advance a fair amount of compensation to the injured party for a breach of contract to avoid spending time and money fighting over...more
Terminating a contract is a serious and sometimes risky decision. Whenever a client seeks advice regarding termination, a lawyer should stress the importance of strict compliance with the contractually specified termination...more
Sampling and extrapolation is a common approach for presenting evidence in complex construction and commercial disputes. The exercise involves identifying and examining a properly representative set of sample allegations, and...more
A recent decision serves as an important reminder to all in the construction industry about the dangers of using outdated contract forms. In Hillhouse v. Chris Cook Construction, LLC, 325 So. 3d 646 (Miss. 2021), the Supreme...more
19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more
What’s a goocher? If you saw the movie, Stand By Me, then you know exactly what I mean. And there are times when parties to a construction contract face a goocher. ...more
Constants of construction arbitrations include, notably, their complexity and the continued criticism of being too expensive and slow. When it comes to innovations, the construction industry should consider increasing the use...more