A common provision often deleted from the standard form AIA documents is the provision in the AIA A201 General Conditions requiring an Initial Decision Maker (IDM) for claims between the contractor and owner. In the A201, the contracting parties have
Construction Law Zone
Current developments and recent trends in all areas of Construction Law
Construction Law Zone, published by Robinson & Cole LLP, focuses on legal issues related to construction projects and infrastructure development. The blog covers topics such as contract disputes, risk allocation in construction agreements, regulatory compliance including federal and state procurement rules, indemnification clauses, and recent court decisions affecting construction law. It also addresses changes in government regulations impacting construction practices, such as Buy America requirements and certification standards for disadvantaged business enterprises. The content is aimed at legal professionals, contractors, and stakeholders involved in construction and infrastructure projects, providing analysis of contractual, regulatory, and litigation matters within the construction industry.
Latest from Construction Law Zone - Page 5
Another Law Will Increase Construction Costs in New York
By Bill Wilson
New York recently enacted legislation known as Carlos’ Law, which increases penalties for corporate liability for the death of, or serious injury to, an employee. The bill, S.621B / A.4947B, was named after Carlos Moncayo, a construction worker killed in…
Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects
By Bill Wilson
In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the surety who issued a payment…
Agree First or it May Cost You Later
By Bill Wilson
Business relationships often begin before parties execute a written agreement containing the terms and conditions by which the relationship will be governed. With little more than a Letter of Intent (“LOI”) or Letter of Award (“LOA”) one party is typically…
Will the Connecticut Legislature Ignore the Construction Industry and Expand the False Claims Act?
Below is an excerpt of an article published in High Profile on April 4, 2023
After a public hearing held on March 6, House Bill No. 6826, An Act Concerning Liability for False and Fraudulent Claims was voted out of committee…
More Funding Brings More Bureaucracy to Federal Projects
By Bill Wilson
On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58). The IIJA includes the Build America, Buy America Act which declares that “none of the funds made available for a federal…
A New Template Contract for Prefabricated Construction
Over the past several years, modular construction has been on the rise and this method of construction has been used in the creation of health care facilities, education facilities, and apartment buildings. With the increased demand for housing, the popularity…
A Prevailing Party Provision Should Define What It Means to Prevail
By Bill Wilson
A typical prevailing party contract provision allows the prevailing party in litigation or arbitration to recover their attorney’s fees from the other party. It is an attractive provision when negotiating a construction contract and its existence often weighs on the…
WARNing for Companies—Complying With WARN Act Requirements During a Layoff
Below is an excerpt of an article published in Construction Executive on February 21, 2023 co-authored by Robinson+Cole Labor and Employment Group lawyers Abby M. Warren and Sapna K. Jain.
Since last fall, news of layoffs in the technology sector…
Cyber Insurance for the Construction Industry
Cyber-crime is an increasingly prominent threat to many industries, and construction is no exception. With the growing use of digital technologies in what was once a primarily “offline” industry, cyber-attacks can pose a significant threat at every level of the…