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Ohio appellate court upholds waiver of claims clauses
  • Bricker & Eckler LLP
  • USA
  • May 25 2016

An Ohio appellate court recently held that by failing to comply with contractual notice requirements, a contractor waived its right to bring claims

Killer Clauses in Construction Subcontracts: Allocating Risk with Subcontractor Agreements
  • Brouse McDowell
  • USA
  • April 21 2016

As last week’s newsletter mentioned, 2016 is expected to bring continued growth to the construction industry. This growth also brings increased risk

Owner forfeiture of default termination rights
  • Seyfarth Shaw LLP
  • USA
  • April 4 2016

For construction contractors, default termination is the worst-case scenario from both a financial and reputational perspective. Lost profits, sunk

Materialmen: “The Last Item of Work” for Purposes of Filing a Statement of Lien
  • Sirote & Permutt PC
  • USA
  • March 17 2016

In this week's Alabama Law Weekly Update, we present for your consideration a decision from the Alabama Court of Civil Appeals. In the case, the

Indemnification Clauses after Safeway
  • Modrall Sperling
  • USA
  • March 11 2016

On February 18, 2016, the New Mexico Supreme Court held in Safeway Inc. v. Rooter 2000 Plumbing & Drain SSS, 2016-NMSC-___ (No. 33,969, Feb. 18

Suppliers and contractors beware of personal liability for unfair trade practices claim
  • Bernstein Shur Sawyer & Nelson PA
  • USA
  • October 1 2015

Typically, an officer of a corporation does not incur personal liability for a corporation's torts (i.e., acts of negligence) merely because of his

Contract interpretation - 10 things you need to know
  • Eversheds LLP
  • USA
  • July 2 2015

A common cause of disputes in EPC Contracts can be conflicting or ambiguous wording in the contract. The process of agreeing the terms of an EPC

Not your average bond - design services in alternative project delivery methods
  • Smith Currie & Hancock
  • USA
  • May 5 2015

The rise in popularity of alternative project delivery methods that combine design services complicates the already opaque world of surety bonds. As

The Contract Isn’t Signed, a Few Issues Remain, the Work is Done; Now What?
  • Commonsense Construction Law LLC
  • USA
  • March 24 2015

Lawyers hate this question. A contractor and subcontractor, having gone back and forth on a few contract terms while the sub is performing work

Surety bonds: direct claims v derivative claims who knew?
  • Pepper Hamilton LLP
  • USA
  • February 13 2015

The debtor made claims against a surety that issued a performance bond in connection with a construction contract. The surety contended that it was