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Construction Law: March 2024

Construction Law

News Our regular news round up includes a call from insurance companies for pilot projects to find investment models for green infrastructure; failure of another legal challenge to the Stonehenge project; and a warning that the new Building Safety Regulator is looking for a high profile prosecution to make a point.

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Additional Insured Endorsements & How They Work in Construction

Levelset

In short, an additional insured is typically another business entity or person who can be added to your business policy, securing the same liability protection that you do. The policyholder will also have certain duties to perform if an insurance claim is incurred and reported. Though not common, large and complex claims do occur.

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Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

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. Any party who could face potential liability should be included as an indemnified party. This is an easy way to avoid unexpected liability.

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Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

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. Any party who could face potential liability should be included as an indemnified party. This is an easy way to avoid unexpected liability.

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Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Autodesk Construction Cloud

Karalynn also brought up the tendency of the industry to pass liability down the chain when drawing up contracts. For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities.

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Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

Constructlaw

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. ” 286 A.3d 3d at 1201. Quinn Construction, Inc. 730 F.Supp.2d