Agreement Defense Negotiation Risk 
Construction Marketing
MARCH 2, 2023
Help with negotiations This can be difficult, as insurance companies are often reluctant to pay large settlements. An experienced attorney will know how to negotiate with insurance companies and fight for the best possible settlement for you. Contributory negligence This defense says that you were partially to blame for your injuries.
Best Practices Construction Law
MAY 20, 2016
When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. What about the risk of escalation in material costs?
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Job Order Contracting
JULY 28, 2021
Most contractors have heard of design-bid-build, design-build, construction manager at risk, and even public private partnerships, various project delivery methods, which, at their heart, focus on balancing the interests of the various parties involved in a construction project, from owners, to design professionals, to contractors.
Construction and Infrastructure Law
JANUARY 9, 2020
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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.
Construction and Infrastructure Law
JANUARY 9, 2020
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. A standard or canned indemnification clause might work to undo all of the effort that has gone into properly allocating risk.
Best Practices Construction Law
NOVEMBER 21, 2019
As you may be aware, one of the greatest risks on a construction project involves the payment process. Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. In Universal Concrete Products Corp. However, in Thomas J.
NH Construction Law
MAY 20, 2023
The main purpose of such clauses is to shift the risk of owner nonpayment, whether due to owner insolvency or owner breach, from the contractor to the subcontractors. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D. 2010), didn’t think so. ” In re Estate of Kelly , 130 N.H. 773, 781 (1988).
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