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Louisiana Court Enforces AIA Wavier of Subrogation to Preclude Carrier’s Recovery

Constructlaw

The contractor and subcontractors moved for summary judgment, asserting that the carriers’ claims were barred by the mutual waiver of subrogation contained in the prime contract. The trial court agreed that the waiver of subrogation barred the carriers’ claims and granted the motion for summary judgment.

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Why are Contractual Claim Procedures so Important?

Construction Dive

Few pause to consider the source of these rights or the distinctions among legal claims. Take, for instance, the distinction between negligence-based tort claims and claims under a contract. The negligence claim was dismissed. Most in our society are keenly aware they have rights. It has practical ramifications.

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Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

Best Practices Construction Law

Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of the construction loan agreements with the owner. The owner and contractor entered into an AIA Contract for the construction management services. Lessons learned.

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ConsensusDOCS v. AIA – Form Contract Wars

Construction Law Monitor

AIA (American Institute of Architects ) form documents have dominated the construction industry for many years. Due to the AIA dominance, others in the industry sought out an alternative and the ConsensusDOCS were born in 2007. Many experts believe that the AIA standard form contracts are drafted to protect the Architect.

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Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. Legal scholars can have at it. And the dollar amount of those claims is increasing.

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#131:  Applying Statutes of Limitations in Arbitration Proceedings

NH Construction Law

of the AIA A201 General Conditions (2017), for example, provides that a demand for arbitration shall not be made “after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.” Section 15.4.1.1 ” Similarly, section 12.5.1.1

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Federal Court dismisses sub's claim against GC because of arbitration

Construction Lawyer

He is a member various professional organizations, has been an officer and director of the Chicago Chapter AIA, President of the Chicago Chapter, Construction Specifications Institute, and writes a regular construction law column for The Construction Specifier. He is a Fellow of the AIA as well as the Association of Licensed Architects.

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