Topic
Construction Contract
419 published works
South Florida Trial Practice
Florida Construction Contracts: Significant Changes in the 2017 AIA Documents – Digital Data Use and Transmission
By W Mason
Because of advancements in the use of digital technology in the administration of construction contracts, the 2017 AIA documents now default to the AIA’s Digital Data Use and Transmission protocol established…
Real Estate & Construction
“Pay that man his money,” or don’t. Contingent Payment in Tennessee for Subcontractors
By Wally Irvin
The payment term is the most important provision of any subcontract. Subcontractors are not typically advanced money at the start of their work, requiring them to front the cost of…
South Florida Trial Practice
Florida Construction Contracts: Significant Changes in the 2017 AIA Documents – The Standard Insurance Exhibit
By W Mason
Perhaps the most significant change to the A201-2017 is the inclusion of a comprehensive insurance exhibit. Prior to the inclusion of the insurance exhibit in the 2017 update, parties to…
Constructlaw®
Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause in That Same Contract
Koudela v. Johnson & Johnson Custom Builders, LLC, 2017 Ohio App. Lexis 5800 (December 29, 2017) In this case, Nicolas and Monica Koudela (the “Koudelas”) entered into a construction contract…
Ahead of Schedule
Advance Contractual Lien Releases in Washington – An Enforceable Shield or Unintended Liability?
By Bart Reed
As the construction boom continues in Washington (and especially in Seattle), owners and developers look for ways to mitigate risk on projects. Risk mitigation is often accomplished through negotiated terms…
The Toolbox
Who Is Responsible For The Accuracy Of The Plans? Well, It Depends.
By Dale Butler
On a traditional design-bid-build project, the design professionals prepare the plans, the owner gives them to the contractor, and the contractor builds the project. So what happens when the plans…
The Toolbox
Magic Words in Construction
By Dale Butler
I once had a teacher who called the word "please" a magic word. For instance, if you asked to go to the restroom, the response was usually, "what's the magic…
Real Estate & Construction Law
Contractors, Know Your Contracts!
Last week, New Jersey’s Appellate Division re-affirmed the principle that a court must strictly apply the terms of a construction contract when determining a dispute between contracting parties. Where the…
Real Estate Legal Update
2017 Standard AIA forms: A summary of the important changes
By James Doerfler, Alison Wickizer Toepp
The American Institute of Architects (AIA) contracts, the most commonly used set of construction contract forms on commercial projects in the United States, recently released the second part of its…
The Lien Zone
3 Ways to Get Paid Even if You Have a Pay-when-Paid Provision
By Alex Barthet
A pay-when-paid (or pay-if-paid) contractual provision exists in almost every construction contract you are asked to sign these days. A pay-when-paid provision is a contract clause that shifts the risk…