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Documents on Construction Law, Construction
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|When the Customer Is Not Always Right - Contractor’s Liability When Homeowner Insists on Ignoring Building Codes|
Joseph A. Merlino; Rudolph Friedmann LLP;
August 25, 2016, previously published on April 8, 2016The motto, “The customer is always right,” was popularized by innovators in the retail industry in the early 20th Century. However, the slogan is rarely used in the construction industry - and for good reason. The customer’s desires and expectations when it comes to building or...
|Commercial Contractors: Beware the Cost of Insurance and Indemnity Provisions|
James L. Rudolph; Rudolph Friedmann LLP;
August 25, 2016, previously published on February 24, 2016Owners and general contractors generally want construction site sub-contractors to bear more than their pro rata share of the legal and financial burdens arising from any personal injury or property damage associated with a construction project.
|The Key To Identifying AIA Contract Documents|
Sean M. Golden; Vandeventer Black LLP;
August 24, 2016, previously published on August 2016The American Institute of Architects (AIA) published its first uniform contract for use between an owner and a contractor in 1888. In the 125+ years that have followed, AIA contract documents and administrative forms have emerged as the industry standard, and as the most heavily used group of form...
|Construction Forecast for 2017 - What Project Types are Predicted to Be Hot?|
George M. Nicholos; Vandeventer Black LLP;
August 6, 2016, previously published on June 2016According to the American Institute of Architect's (AIA) semi-annual Construction Consensus Forecast, construction spending in the non-residential market is predicted to increase by 8.3 percent in 2016 and by 6.7 percent in 2017. Demand is expected to be especially high for project types that...
|Criminal Liability for False Representation in Obtaining Building Permit|
John R. Lockard; Vandeventer Black LLP;
August 5, 2016, previously published on July 2016According to a recent court decision from the Court of Appeals of Virginia, Anthony Cummings signed a contract with a homeowner in Chesapeake, Virginia to build an in-ground swimming pool. The homeowners gave Mr. Cummings a $12,000 down payment on the contract. The contract identified the...
|Construction Contracts - Pay Close Attention to the Details|
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
August 5, 2016, previously published on May/June 2016The Minnesota Court of Appeals recently issued an order which provides contractors with a harsh reminder that all entities in the construction industry must pay attention to and follow all contractual requirements in their agreements.
|Consideration of Force Majeure in Construction Contracts|
Jonathan Massell, David A. Senter; Nexsen Pruet, LLC;
August 5, 2016, previously published on April 25, 2016Before entering into a construction contract, consider how force majeure events are evolving in today’s world.
|New, Relaxed Regulations Make Drone Use on Construction Projects Easier|
Jonathan Mraunac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 29, 2016, previously published on July 18, 2016The Federal Aviation Administration (FAA) recently introduced relaxed regulations concerning the use of drones for commercial purposes. The new regulations could have a significant impact on drone usage in the construction industry.
|Stating a Claim for Negligent Misrepresentation for a Design Professional’s Supply of Information|
Gregory J. Kelley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 21, 2016, previously published on June 1, 2016Until 2005, in Pennsylvania the Economic Loss Doctrine precluded contractors from suing design professionals in negligence for additional costs incurred on a construction project due to errors or omissions in the design plans. The contractor’s recourse was to sue the party who had contracted...
|Construction Labor Costs May Rise With New Department of Labor Rule|
Turlington Law Firm;
July 7, 2016, previously published by Construction Executive
On May 18, 2016, President Obama announced the publication of the Department of Labor¿s (DOL) final rule regarding overtime regulations.
Risk Management eNewsletter on Spring, 2016