article thumbnail

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. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project. See e.g. Tex.

article thumbnail

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. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project. See e.g. Tex.

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Recent Decision Highlights the Potential Pitfalls in General Releases

Federal Construction Contracting Blog

the Court of Federal Claims reminds contractors to read claim release language carefully before executing any agreement or modification. The parties ultimately reached a settlement agreement regarding these claims. While these appeals were pending but before the execution of the settlement agreement, T.H.R. Enterprises, Inc. ,

article thumbnail

#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 2d 404 (1990), construing Florida law, held that general contractor’s “pay-if-paid” defense was not available to a surety. I promised elaboration on this question in an earlier blog (# 8). .”

article thumbnail

Pennsylvania Home Improvement Consumer Protection Act: What Residential Contractors Need to Know

Levelset

The contract should constitute the entire agreement between the parties, including attached copies of any required notices. If, however, the agreement is a time and materials contract , a further breakdown is required. ” It’s a way to cancel the agreement with no harm and or penalties to either party.

article thumbnail

Green Building Data Risk as an Opportunity

Green Building Law Update

But the largest owner of green buildings (also the owner of the most LEED certified buildings) the Department of Defense has largely taken itself out of this discussion with a waiver that provides, Department of Defense prohibits the sharing of metered data with private entities, such as USGBC. Others collect building data.

Green 120
article thumbnail

Unlimited liability for designers and contractors

Construction Lawyer

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. Sabo & Zahn LLC is an Illinois Limited Liability Company. Unlimited liability for designers and contractors. Sverdrup no longer exists.