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The Second Best Way to Mitigate Your Risk in Green Building

Green Building Law Update

The best way to mitigate risk in your green building project are properly drafted contract documents prepared by this law firm or by another attorney with green building experience. As I posted in this blog less than a year ago, Less than 20% of Green Building Contracts are Properly Drafted. That may sound self serving, but it is true.

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Reliance on Letter Agreement Defeats Architect’s Copyright Claim

Construction Lawyer

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. Some time later, the architect drafted an AIA contract which the owner marked up with various changes. The architect did not accept any of the changes and the AIA contract was never signed.

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Poor Contract Drafting Leads to Ambiguity as to Whether Arbitration Is Required

Construction Lawyer

Nordic PCL Construction , provides a lesson in how not to draft construction agreements. Subsequently, Safeway made further revisions to various contract documents, including an AIA Document A101-1997 and A201-1997. The final executed documents contain numerous modifications to the standard form AIA documents.

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Forum Selection Clauses in Construction Subcontracts Require Careful Drafting

Construction Lawyer

17, 2013), demonstrates the difficulty faced by parties in drafting appropriate forum selection provisions in construction agreements. The prime agreement between Weisel and Ryan consisted of an AIA Document A111 (presumably a 1997 version) and an AIA Document A201 (also presumably the 1997 version). Dist, Sept.

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Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

And there is no question that a properly drafted provision in a contract requiring arbitration is enforceable. With over a million contract documents licensed on an annual basis, the AIA’s form construction documents are the most widely used contract documents in the industry. Legal scholars can have at it.

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Arbitration including Religious Arbitration in Green Building Contracts

Green Building Law Update

There is little question that a properly drafted provision in a contract requiring arbitration is enforceable. With over a million contract documents licensed on an annual basis, the AIA’s form construction documents are likely the most widely used contract documents in the industry. The Supreme Court, in American Express v.

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A Plea for Clarity in Construction Contracts

Construction Lawyer

Frequently, the parties do not consult with a construction attorney when drafting contracts. Architects are among the worst offenders, often choosing to use “letter agreements” that they have cobbled together from various sources. Architects believe that they can use plain English in a simple agreement to form a bond with an owner.