Remove Claims Remove Defense Remove Legal Remove Negotiation
article thumbnail

How to File a Lawsuit After an Injury At a Construction Site?

Construction Marketing

You may wonder if you have legal recourse if you have been injured while working at a construction site. Help with negotiations This can be difficult, as insurance companies are often reluctant to pay large settlements. Damage recovery If your claim is successful, you may be entitled to recover damages for your injuries.

Injury 258
article thumbnail

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 such is a big deal in this consideration when the Department of Defense is the largest owner of green buildings.

Green 120
professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

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. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages.

article thumbnail

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

NH Construction Law

A couple of years ago I blogged ( #101 ) on “pay-if-paid” clauses, which make a general contractor’s receipt of payment from the owner a prerequisite – a “condition precedent,” in legal terms – to its obligation to pay subcontractors. ” In re Estate of Kelly , 130 N.H. 773, 781 (1988).

article thumbnail

Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

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. An indemnification clause should provide for the defense of an indemnified party in addition to the recovery of damages.

article thumbnail

International Arbitration Experts Discuss The Impact On The Global Economy

Constructlaw

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. In those clauses, the overall success of COVID-19-based force majeure defenses is still unknown.

Claims 40
article thumbnail

The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

In a payment dispute between the subcontractor and contractor, the contractor argued that the “pay if paid” clause provided an absolute defense to payment. It is worth the effort to seek legal advice from an attorney in your jurisdiction about these issues prior to drafting and executing contracts with other parties.