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Pepper Hamilton LLP | USA | 20 Nov 2018

Concurrent Delay: SuretyStanding in the Shoes of SubcontractorIs Barred From Asserting Defense of Concurrent Delay Because Subcontractor Failed to Seek a Time Extension as Required by the Subcontracts

Clark County School District (“CCSD”) hired Big Town Mechanical (“Big Town”) as general contractor to perform HVAC upgrades at five schools. Big Town


Kilpatrick Townsend & Stockton LLP | USA | 8 May 2018

Owner’s Participation in Pretrial Litigation Does Not Amount to a Waiver of Arbitration

Proving waiver of a party’s contractual right to arbitrate has often been a laborious obligation of the party bearing such burden. Because the law


Smith Currie & Hancock | USA | 16 May 2017

Shifting the Risk of Owner Non-Payment and its Effect on the Surety

It is a truism that construction is a risky business. Construction contracting is an exercise in dealing with these inherent risks. One common way


Pepper Hamilton LLP | USA | 23 Feb 2017

Kentucky Appellate Court Holds That a Contractor May Pursue Claim of Negligent Misrepresentation Against Architect Despite Lack of Contract, the Economic Loss Rule, and Project Waivers

This case arose out of a construction project in which the Oldham County Board of Education (the “Board”) was the owner, K. Norman Berry Associates


Langlois Lawyers LLP | Canada | 22 Aug 2016

The Specific Regime for Termination of a Contract of Enterprise or a Contract for Services: Pros and Cons

A contract of enterprise or a contract for services is an agreement whereby a contractor or service provider undertakes to perform physical or


Bradley Arant Boult Cummings LLP | USA | 9 Aug 2016

Broad “Assumption of Liability” Clause in Subcontract Likely Trumps “Waiver of Subrogation” Clause in Prime Contract

In a recent case handled by Bradley, a federal court in Maryland issued a decision attempting to reconcile inconsistent contract provisions. The


Pillsbury | USA | 12 Jul 2016

The Limits of Subrogation: Giving with One Hand Shouldn’t Mean Taking with the Other!

When an insurer pays a claim by its insured, it acquires a legal right to pursue a so-called “subrogation” claim against another party who may be


Cliffe Dekker Hofmeyr | South Africa | 8 Jun 2016

Waiving a lien goodbye

A contractor's lien is a common law right which entitles a contractor to remain in possession of the property of his employer as security for payment


Berger Singerman LLP | USA | 11 Nov 2015

Waiver of time of performance provisions in construction contracts

It is important for owners and contractors to understand the contractual provisions and requirements for the time of completion and minimize the risk


Smith Currie & Hancock | USA | 3 Jan 2014

Satisfying notice requirements

Any contractor considering submitting a bid for a lump sum contract to rebuild a military-grade runway in the tropics during the rainy season with

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