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How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of...more
Earlier this year, the American Institute of Architects (“AIA”) released updated form contract documents for traditional design-build (“Traditional DB”) construction projects and introduced a new set of progressive...more
For your next construction project in New York, securing commercial general liability coverage as an additional insured may not be as simple as it would appear. Recent court rulings have interpreted the terms of insurance...more
1. LEASEHOLDERS MOVE CLOSER TO BUILDING LIABILITY ORDER AGAINST SPV PARENT COMPANY - Under section 130 of the Building Safety Act the court can make a Building Liability Order against a company that was not responsible...more
The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties...more
An issue of great importance to all construction project parties, including design professionals and contractors, is pending before the Massachusetts Supreme Judicial Court (SJC). In the matter of Trustees of Boston...more
In this author’s experience, the most effective contract terms are those that mirror the parties’ business expectations and negotiations and allocate risk in a fair and balanced manner. Some advocates treat contract...more
Broad form indemnities are common in Texas construction contracts, even though indemnifying someone for their own negligence is a tough pill to swallow. ...more
When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such...more
The indemnification clause is one of the most important provisions in a construction contract. It transfers risk from one party, the “indemnitee,” to another party, the “indemnitor.” The risk is transferred by way of the...more
19th Annual Top Gun Premier Midwest Construction Claims Webinar Series - Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event...more
Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract...more