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Louisiana Court Enforces AIA Wavier of Subrogation to Preclude Carrier’s Recovery

Constructlaw

Fire broke out, resulting in a loss that was paid by the owner’s builder’s risk insurance. The contractor and subcontractors moved for summary judgment, asserting that the carriers’ claims were barred by the mutual waiver of subrogation contained in the prime contract. Myers Construction Corp., 3d 500 (La.

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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability.

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#128:  Waivers of Subrogation

NH Construction Law

Subrogation – the right of an insurer, upon paying an injured party’s damages arising out of a negligence claim, to chase the negligent party for reimbursement – is a staple of the law. And the insurer will have no say in the matter. Notice that this clause expressly addresses only property insurance.

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Unlimited liability for designers and contractors

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

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constructionattorneyblog: Limitation of Liability in new AIA Document

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

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constructionattorneyblog: Liability for green design

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

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#131:  Applying Statutes of Limitations in Arbitration Proceedings

NH Construction Law

The New Hampshire Supreme Court implicitly assumed applicability of the statute of limitations to arbitration proceedings in Metropolitan Property and Liability Insurance Co. Of course, the parties’ contracts can explicitly make statutes of limitations applicable to their arbitrations. . § 1 et seq. , 821 F.Supp.