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HTMLDrafting Contracts to Minimize or Avoid Claims
Jason Ebe; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
Many 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...

 

HTMLArizona Contractors Confront Cardinal Change
Cindy K. Schmidt; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The “cardinal change doctrine” is a legal theory pursuant to which a contractor who is presented excessive, cumulative or otherwise material contract change orders has the right to terminate the contract and/or recover damages from the owner. The basic concept is that if the owner (i)...

 

HTMLIs the Spearin Doctrine Still a Contractor’s Shield if the Contractor Followed the Plans and Specifications?
Richard G. Erickson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
United 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...

 

HTMLArizona Supreme Court to Contractor: Sorry, but Equitable Subrogation Trumps Mechanics’ Lien Rights
Richard G. Erickson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The smoke has finally cleared in a hard and long-fought battle between lenders and owners on one side and the general contractor (Weitz Company, L.L.C., from here on referred to as Weitz) on the other side claiming priority on a Phoenix condominium project. The project, well-known as Summit at...

 

HTMLSummary of California’s Prompt Payment Laws
Colin R. Higgins, Jeffrey M. Singletary; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The 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...

 

HTMLEffective Planning and Management in Construction Project Scheduling
Daniel Frost; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The 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...

 

HTMLThe Fallacy of Union Benefit Trust Fund Lawsuits against Nevada Owners: A Call for Change
Leon F. Mead; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
One consequence of the Great Recession in Nevada is the unfortunate demise of many contractors and subcontractors. Both union and non-union contractors have gone out of business due to the lack of available projects. Unfortunately, a contractor going out of business will occasionally leave some...

 

HTMLEnergizing Transmission Construction in the Electric Industry
Elizabeth M. Brereton; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big construction boom may be in electric transmission infrastructure. In...

 

HTMLIndustry Standards and OSHA Redefining VSSR Regulations
Nicholas E. Davis, Lawrence C. Davison, Samuel M. Duran, Christopher B. Ermisch, Cynthia C. Felson; Taft Stettinius & Hollister LLP;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
The Ohio Supreme Court recently held that industry standards and OSHA laws may be considered by the Industrial Commission in the interpretation of VSSR (Violation of a Specific Safety Requirement) regulations. In State ex rel. Richmond v. Indus. Comm., Slip Opinion No. 2014-Ohio-1604, the claimant...

 

HTMLSubcontractors Beware: An Agreement to Sponsor an Appeal May No Longer Be Enough
Taft Stettinius Hollister LLP;
Legal Alert/Article
October 9, 2014, previously published on September 26, 2014
The Armed Services Board of Contract Appeals’ (“ASBCA”) jurisdiction is limited by law to prime contractors. For the ASBCA to exercise jurisdiction over a subcontractor’s claim, a subcontractor’s appeal must be sponsored by the party in privity with the United States...

 


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