Agreement Claims Liability Risk 
Constructlaw
NOVEMBER 22, 2022
The New York Supreme Court (New York’s trial court) dispatched all of the owner’s claims on summary judgment. The designer, which had specified the wrong type of turbine, invoked New York’s three-year statute of limitations to defeat the owner’s professional negligence claim. Click here to view full opinion as PDF.
NH Construction Law
AUGUST 21, 2022
Wrongful termination will not only be a breach of contract giving the principal a claim for damages against the obligee, but it will forfeit the protection of the bond. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability. 4th 12 (1st Cir.
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Levelset
SEPTEMBER 23, 2022
General contractors know these risks when they take the role. At their core, insurance policies are agreements between two parties: the insurer and the policyholder. If a sub accidentally drops a steel beam on the project manager’s new sports car, that subcontractor’s liability insurance policy would likely cover the damage.
NH Construction Law
NOVEMBER 30, 2020
Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. The Federal Arbitration Act instructs federal courts to enforce arbitration agreements according to their terms. Industrial Lumber Co. , Enterprises, Inc. , 3d 35, 36 (1st Cir. ” Id.
Construction Marketing
JULY 11, 2022
If the principal’s bond application is approved, the surety company will require the principal to sign an indemnity agreement before it will issue the bond. The indemnity agreement provides that the principal will hold the surety harmless if a claim is filed against the bond. Sign the indemnity agreement.
Construction and Infrastructure Law
JANUARY 9, 2020
Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.
Construction and Infrastructure Law
JANUARY 9, 2020
Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.
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