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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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Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

Best Practices Construction Law

Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of the construction loan agreements with the owner. The owner and contractor entered into an AIA Contract for the construction management services. Lessons learned.

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

Constructlaw

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. The trial court agreed that the waiver of subrogation barred the carriers’ claims and granted the motion for summary judgment.

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AIA Expands Portfolio with Launch of New Contract Documents

Construction Superintendent Magazine

These include a new owner/consultant agreement, as well as six new administrative forms for use on design-build projects. The C103–2015, Standard Form of Agreement Between Owner and Consultant without a Predefined Scope of Consultant’s Services establishes expectations between an owner and consultant on a project.

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Illinois Appellate Court holds that Express Indemnity Claim Subject to 10-year Statute of Limitations

Construction Lawyer

In an unpublished opinion, an Illinois appellate court reversed a ruling by a trial court that would have applied the 4-year construction statute of limitations to an owner’s express indemnity claim against a contractor. One of the claims against the general was for breach of an express indemnification. contracts litigation'

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Federal Court dismisses sub's claim against GC because of arbitration

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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#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. Here’s how it works in the AIA’s popular A201 General Conditions : § 11.3.1 ” Chase v. Hook , 787 A.2d