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Public Procurement of Construction Services

Job Order Contracting

References: AIA (2007). The American Institute of Architects (AIA), Washington, DC AGC (2010). Integrated Project Delivery: Case Studies, American Institute of Architects (AIA), Washington, DC Construction Users Roundtable (CURT). Integrated Project Delivery: A Guide.” Integrated Project Delivery for Public and Private Owners.

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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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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 builder’s risk carriers — subrogated to the rights of the owner — then sued the prime contractor, its subcontractor, and sub-subcontractor for negligence. This case involved the restoration of an old building in New Orleans.

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Now is the Time to Revise your Green Building Contracts

Green Building Law Update

These two dramatic changes to LEED have very real potential for increasing risk in green building, but updates are also underway to Green Globes and ASHRAE 189.1 And that litigation predated the increased liability associated with materials including the new largely untested EPDs and HPDs. as well as to a host of green codes.

Green 159
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Less than 20% of Green Building Contracts Properly Drafted

Green Building Law Update

It is of interest that 61% of the contracts used at least a part of an AIA Contract Document form although most were older out of date versions and significantly only 8% used a correct AIA Sustainable Project Contract Document form. Only 1% used the ConsensusDOCS Green Building Addendum.

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Now is the Time to Revise your Green Building Contracts

Green Building Law Update

These two dramatic changes to LEED have very real potential for increasing risk in green building, but updates are also underway to Green Globes and ASHRAE 189.1 And that litigation predated the increased liability associated with materials including the new largely untested EPDs and HPDs. as well as to a host of green codes.

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#128:  Waivers of Subrogation

NH Construction Law

2001) (“By shifting the risk of loss to the insurance company regardless of which party is at fault, these clauses seek to avoid ‘the prospect of extended litigation which would interfere with construction.’”) Here’s how it works in the AIA’s popular A201 General Conditions : § 11.3.1