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#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Many performance bonds (the popular AIA A312 is an example) state that the surety’s obligation is not triggered unless the principal’s contract has been terminated. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability.

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Now is the Time to Revise your Green Building Contracts

Green Building Law Update

And that litigation predated the increased liability associated with materials including the new largely untested EPDs and HPDs. Additionally, more lenders, including in green bond financings, are requiring opinions of counsel as part of closing due diligence both in green construction financing and permanent loans.

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Less than 20% of Green Building Contracts Properly Drafted

Green Building Law Update

In a recent review of contracts involving green building construction projects, less than 20% had properly drafted provisions addressing green building matters. 100 contracts involving green building construction projects were reviewed. If you are going to be in LA, add it to your calendar and please join us!

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Now is the Time to Revise your Green Building Contracts

Green Building Law Update

And that litigation predated the increased liability associated with materials including the new largely untested EPDs and HPDs. Additionally, more lenders, including in green bond financings, are requiring opinions of counsel as part of closing due diligence both in green construction financing and permanent loans.

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constructionattorneyblog: Limitation of Liability in new AIA Document

Construction Lawyer

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. 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.

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ConsensusDOCS v. AIA – Form Contract Wars

Construction Law Monitor

While attending the Associated Owners & Developers 14th Annual Construction Industry Conference, entitled How Owners and Contractors Can Control Project Risk, here in New Orleans today, I sat in on a informative session regarding ConsensusDOCS. Many experts believe that the AIA standard form contracts are drafted to protect the Architect.

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constructionattorneyblog: New AIA documents and Arbitration

Construction Lawyer

Werner Sabo is a partner at the construction law firm of Sabo & Zahn in Chicago. 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.

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