article thumbnail

Severin Doctrine: It's Another Name for "Pass-Through-Plus" Claims

Best Practices Construction Law

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim. A well drafted liquidation agreement will generally accomplish this purpose.

Claims 48
article thumbnail

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

Construction and Infrastructure Law

Any party who could face potential liability should be included as an indemnified party. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. This is an easy way to avoid unexpected liability.

professionals

Sign Up for our Newsletter

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

article thumbnail

Green Building Data Risk as an Opportunity

Green Building Law Update

And the power utilities protect themselves from liability related to data. Many of those local laws are poorly drafted and do not insulate the reporting parties from liability for errors, harmless or otherwise. A claim pending against a major U.S. The similar waiver for LEED v2009 is still in effect.

Green 120
article thumbnail

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

Construction and Infrastructure Law

Any party who could face potential liability should be included as an indemnified party. A well drafted indemnity clause will ensure that all parties are liable for the result of their own work and negligence and that of any party that they have hired to work on a project. This is an easy way to avoid unexpected liability.

article thumbnail

Litigation over First LEED Platinum Building Comes to an End

Green Building Law Update

Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different. The crux of this case is one of those differences, claims arising from materials.

Liability 120
article thumbnail

Litigation over First LEED Platinum Building Comes to an End

Green Building Law Update

Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different. The crux of this case is one of those differences, claims arising from materials.

Liability 120
article thumbnail

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

Construction and Infrastructure Law

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.