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CBCA Offers Potential Insight Into How Board Will Handle Claims Related to COVID-19

Constructlaw

This article was originally published in Government Construction (Volume 5, Issue 2 – Summer 2020), an ABA Division 13 Quarterly Newsletter. 14 The DOS granted PSJV the requested time extension, but rejected PSJV’s claim for additional costs associated with the temporary shutdown and expanded medical capabilities.

Claims 52
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Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

Constructlaw

Most frequently, the Economic Loss Doctrine bars negligence claims. Its outer bounds begin with intentional torts, and most jurisdictions do not apply the Economic Loss Doctrine to fraud claims. Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses.

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Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

Best Practices Construction Law

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?

Risk 69
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Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s Validity Is Challenged

Constructlaw

In MZM Construction Company, Inc. In 2001, New Jersey construction company MZM Construction Company hired workers from a local labor union for a construction project at Newark International Airport. The Funds also informed MZM that, absent payment, the Funds would initiate arbitration.

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#125:  Pay-if-Paid Clauses and Contractor Default

NH Construction Law

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. Quinn Construction, Inc. Skanska USA Building, Inc. , 730 F.Supp.2d 2d 401, 421 (E.D. 2010), didn’t think so.

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What Is a Construction Punch List (And How to Improve)

Autodesk Construction Cloud

6 Easy Ways to Improve Construction Punch Lists At some point, no matter how much of a joy (or hell) it’s been, every project must come to an end. But as most steps in construction, it’s easier said than done. What Is a Construction Punch List? The construction punch list, also known as a snag list in the U.K.,

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What Is a Construction Punch List (And How to Improve)

Autodesk Construction Cloud

When they do, it’s not enough to simply watch it fade away through the rearview mirror; you have to make sure all the i’s have been dotted and the t’s have been crossed—and that means a construction punch list. But as most steps in construction, it’s easier said than done. What Is a Construction Punch List?