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

Constructlaw

CHA Consulting, Inc. , The New York State Thruway Authority (the owner) sued CHA Consulting, Inc. In conclusion — it is not uncommon for an owner to separately contract with the major players on a construction project, as opposed to entering a full-wrap EPC agreement, but such an arrangement presents certain risks.

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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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#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.’”) The contractor and therefore the contractor’s liability insurer will be off the hook.

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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. Click here for Daniel S. Sloan pg 17. See Carl A.

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Unlimited liability for designers and contractors

Construction Lawyer

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. You should consult an attorney licensed in your jurisdiction before using any of the information contained at this site. Sverdrup no longer exists.

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constructionattorneyblog: Liability for green design

Construction Lawyer

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. You should consult an attorney licensed in your jurisdiction before using any of the information contained at this site. Liability for green design.

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constructionattorneyblog: Risks in LEED design

Construction Lawyer

Sabo & Zahn LLC is an Illinois Limited Liability Company. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. You should consult an attorney licensed in your jurisdiction before using any of the information contained at this site. Risks in LEED design.

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