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Documents on Construction Law, Construction
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|Favorable Opinion Rendered in Iowa Mechanic's Lien Case|
Jodie Clark McDougal; Davis, Brown, Koehn, Shors & Roberts, P.C.;
October 25, 2016, previously published on September 1, 2016On Wednesday, August 31, the Iowa Court of Appeals rendered its opinion in the Standard Water mechanic’s lien case Jodie McDougal tried a few years ago, which involved an issue of first impression regarding Iowa’s new lien law.
|Statutory vs. Conventional Bonds: What’s the Difference?|
Jacob E. Roussel; Breazeale, Sachse & Wilson, L.L.P.;
October 20, 2016, previously published on October 2016Those in the construction industry are all too familiar with the requirement of furnishing bonds on a project. However, not everyone is acquainted with whether their bond is a statutory bond or a conventional bond. From a legal standpoint, the distinction between the two can be significant. For a...
|Statute of Repose Begins When Each Contractor's Work Ends|
Adam B. Wiens; Hall & Evans, LLC;
September 27, 2016, previously published on September 13, 2016In a long-awaited and widely-anticipated decision, Colorado courts clarified that the Statute of Repose begins when each contractor’s work ends, eliminating the risk of claims arising many years after performing the work. The Statute of Repose is a legal doctrine which generally bars claims...
|Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37|
David R. Mackenzie; Blaney McMurtry LLP;
September 22, 2016, previously published on September 15, 2016On September 15, 2016, the Supreme Court of Canada released the highly anticipated Ledcor decision. In its reasons, the Court assessed the scope of the faulty workmanship exclusion found in a Builders Risk policy, and clarified the standard of review appellate courts should give to standard form...
|New Arizona Laws Seek to Clarify Independent Contractor Status|
Adam P. Boyd, Thomas M. Stanek; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 9, 2016, previously published on August 23, 2016Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For purposes of state law, employers may confirm the independent contractor...
|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.
|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...
|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...