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Twists and Turbines — A New York Case Highlights an Owner’s Risk When Not Using Full-Wrap EPC Delivery

Constructlaw

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.

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Severin Doctrine: It's Another Name for "Pass-Through-Plus" Claims

Best Practices Construction Law

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim. A well drafted liquidation agreement will generally accomplish this purpose.

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What Is a Certificate of Insurance (COI) for Contractors — and When Do You Need One?

Levelset

If you’re bidding on contract work, you will likely need a COI per terms of a legal agreement. Aside from owners and GCs, a government entity may want to see proof of liability insurance. This party may want a COI to ensure they are protected from liability in the event of a product-related injury or accident.

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Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Best Practices Construction Law

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

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Common Law Analysis – Pay-if-paid, Pay-when-paid & Liquidating Agreements in Construction Contracts

Construction Law Monitor

Liquidating Agreement. Another technical term that is not often discussed in construction, yet is present in many construction contracts is the mechanism know as a “liquidating agreement” Sloan pg 16. Do not confuse a liquidating agreement with liquidated damages. Sloan pg 17. See Carl A. Calvert & Carl F.

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Contractor License Bonds: Everything You Need to Know

Levelset

A contractor bond is a three-party agreement. In the event of a valid claim against the license bond, the principal must reimburse the surety company for any payouts. The surety company is responsible for requesting reimbursement from the contractor after a claim payout has been made on the contractor’s behalf.

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Maryland Enacts New Environmental Laws in 2020

Green Building Law Update

The Governor has until the 30th day after presentment to sign or veto bills and given the impact of the coronavirus pandemic any legislation that requires new State spending will no doubt receive heightened scrutiny. The bill also establishes liability protections for MDE and the State.

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