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|Construction Contracts - Don't Let Work Get Ahead|
Kenra Parris-Whittaker, Jacy A. J. Whittaker; Parris Whittaker;
October 17, 2014, previously published on September 27, 2014Construction cases often result in particularly valuable lessons for lawyers and commercial organisations alike who are involved in construction and property - particularly where work commences before the contract is finalised. The commercial lawyers at Bahamas law firm ParrisWhittaker are experts...
|Arbitration for One is Not Arbitration for All: Sixth Circuit Allows Lawsuit Against Indirect Parties Following Consolidated Arbitration|
Scott W. Cowan, Taylor L. Freeman, Kent W. Lindsay, Andrew D. Ness, Stephen V. O'Neal; Jones Day;
October 16, 2014, previously published on October 2014Recently, the U.S. Court of Appeals for the Sixth Circuit allowed a subcontractor's lawsuit against design professionals to proceed even though all parties had previously participated in a consolidated arbitration proceeding over the same issues. W.J. O'Neil Co. v. Shepley, Bulfinch, Richardson...
|Lien Out: Arbitrary Protection for Pre-Construction Consultants|
Aidan Cameron; McCarthy Tétrault LLP;
October 15, 2014, previously published on October 6, 2014Those who claim a builders lien must comply strictly with the requirements of the Builders Lien Act, and owners (or at least their counsel) are frequently on the lookout for liens that can be extinguished for a failure to satisfy such requirements. The recent BC Supreme Court decision in Stanley...
|Contemporaneous Documentation is Not Always a Good Thing|
Michael H. Payne; Cohen Seglias Pallas Greenhall & Furman PC;
October 15, 2014, previously published on October 2, 2014There is no question that documentation is an important part in the resolution of any construction dispute. Particularly contemporaneous documents - documents that are created at the time that events occur. Quality control reports, daily logs, and timely letters all fall into the...
|Court Upholds Rights of Small Business Dredging Contractors|
Michael H. Payne, Robert G. Ruggieri; Cohen Seglias Pallas Greenhall & Furman PC;
October 14, 2014, previously published on September 24, 2014In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the dredging exception to NAICS code 237990, which is for “Other Heavy and...
|Effective Planning and Management in Construction Project Scheduling|
Daniel Frost; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014The successful execution of a construction program in terms of meeting time and cost objectives has always been dependent on effective planning. The increasing complexity and cost of today's construction programs highlight the importance of careful management of the entire construction process from...
|The Positive Multiplier of Individual Empowerment|
Joseph A. Cleves; Dressman Benzinger LaVelle psc;
October 13, 2014The result was increased efficiency and lower cost.
|Summary of California’s Prompt Payment Laws|
Colin R. Higgins, Jeffrey M. Singletary; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014The California legislature has enacted a comprehensive series of prompt payment statutes that are designed to ensure the prompt payment of progress payments and retention payments to downstream contractors by imposing harsh monetary penalties for any violations of the statutory scheme. Determining...
|Is the Spearin Doctrine Still a Contractor’s Shield if the Contractor Followed the Plans and Specifications?|
Richard G. Erickson; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014United States v. Spearin, 248 U.S. 132, 39 S.Ct. 59 (1918) is almost 100 years old, and it is still one of the most oft-cited cases in a construction lawyer’s playbook. In numerous contested cases, Spearin has given contractors a way to avoid liability for construction defects arising from...
|Drafting Contracts to Minimize or Avoid Claims|
Jason Ebe; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014Many claims that arise in design and construction may be mitigated or avoided as a result of prudent contract drafting at the outset of the project. This article provides practical tips for drafting contracts to minimize or avoid claims. These tips are applicable to design and construction...