article thumbnail

You Can’t Treat Construction Claims Like Your Grandkids

Best Practices Construction Law

The contract was a design-build contract. As is typical of a design-build contract, no unit prices for rock excavation were set for because the contractor’s foundation solution is not established at the time of award. The contracting officer denied the claim, and the contractor appealed. In the end, reasonableness matters.

Claims 62
article thumbnail

Risk Exposure

Mr Ethics

Ethics, There seems to be a growing trend in the construction industry whereby project owners are placing all risk on the design professional or contractor. Owners are assuming less and less risk exposure through contract provisions that assign risk away from them. This isn’t ethical, is it? Regards, Mr. Ethics

Risk 100
professionals

Sign Up for our Newsletter

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

article thumbnail

Risk Exposure

Mr Ethics

Ethics, There seems to be a growing trend in the construction industry whereby project owners are placing all risk on the design professional or contractor. Owners are assuming less and less risk exposure through contract provisions that assign risk away from them. This isn’t ethical, is it? Regards, Mr. Ethics

Risk 100
article thumbnail

Risk Exposure

Mr Ethics

Ethics, There seems to be a growing trend in the construction industry whereby project owners are placing all risk on the design professional or contractor. Owners are assuming less and less risk exposure through contract provisions that assign risk away from them. This isn’t ethical, is it? Regards, Mr. Ethics'

Risk 100
article thumbnail

AECOM sues insurance carrier for payment of COVID-19 property damage claims

BD+C

AECOM is suing Zurich American Insurance alleging that the carrier’s “all-risk” policies should include claims for losses due to the impact of COVID-19. The design firm alleges that Zurich refused to pay coronavirus-related claims when such coverage was not specifically excluded in AECOM's “all-risk” property insurance policies.

article thumbnail

Are Design-Building 'Problems' Really Overall Inherited Construction Industry Woes?

ENR Construction

An insurer claims manager told a risk conference audience four years ago that “in case you’ve been on another planet, there have been hundreds of design-build lawsuits.”

Design 41
article thumbnail

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

Constructlaw

the designer), the Kadney Company (the general contractor), Vergnet (the turbine supplier), and two different site engineers: Prudent Engineering, and Ravi Engineering and Land Surveying (the engineers). The New York Supreme Court (New York’s trial court) dispatched all of the owner’s claims on summary judgment.