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

Constructlaw

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. Two of the most notable risks are scope gaps, and as demonstrated in this case, liability gaps.

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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. Ingwalson, Jr., Lawyer, Oct.

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

Best Practices Construction Law

The claim was presented by the contractor to the DOT. Although the claim went through arbitration, ultimately the Supreme Court of Rhode Island remanded the case to the superior court to determine whether the claim was simply a "pass-through" claim or a claim involving other liability between the contractor and the subcontractor.

Claims 48
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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

The Board of Contract Appeals granted the motion, finding that the claim had accrued either on September 12, 2003 when KCPC ended its work or, alternatively, on January 24, 2005 when KBR and KCPC agreed to cooperate and present the cost to the Army. For liability to be fixed, some injury must have occurred. million; and.

Claims 63
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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.

Maryland 156
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Tax Reform Impact on Employers and Employees

Revit OpEd

On December 15, 2017, Congressional Leaders announced that the conferees appointed by both the House and the Senate reached an agreement to reconcile differences between the House’s version of the Tax Cuts and Jobs Act (the “House Bill”) with the Senate’s version of the Tax Cuts and Jobs Act and unveiled the text of a final bill (the “Tax Bill”).