News & Analysis as of

Construction Loans Contract Terms

Nelson Mullins Riley & Scarborough LLP

Avoiding Contract Conflicts: 5 Key AIA Provisions to Align with Loan Documents

When negotiating construction contracts, attorneys often focus on the American Institute of Architects (AIA) A201-2017 General Conditions, a widely used standard in the industry. However, construction loan agreements, drafted...more

Buchalter

Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

Buchalter on

In BCD Associates., LLC v. Crown Bank, CA No. N15c-11-062 (Super. Ct. Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Thoughts on Force Majeure and Impossibility of Performance

Force majeure clauses are provisions in contracts that either defer or release parties from contractual obligations due to specific circumstances beyond the control of the breaching party.  Such clauses allocate the risks of...more

Morris James LLP

Delaware Superior Court Explains When Mutual Mistake Voids A Contract

Morris James LLP on

659 Chestnut LLC v. Parke Bancorp Inc., C.A. N17-05-114 MMJ (December 6, 2018) - This is an interesting decision because it deals with the rare instance when a party can prove a mutual mistake as to a contract’s terms so...more

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