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Judicial and Legislative Control Over Construction Contracts: Implied Obligations and Impermissible Clauses

Construction Dive

Believe it or not, a construction contract with scores of provisions that runs dozens of pages does not actually define the entire legal relationship between the parties, regardless of how thorough the contract may seem or how much time and expense they invested in its drafting.

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Digital Builder Podcast Ep 22: How Specialty Contractors Can Navigate Contracts & Get Paid On Time

Autodesk Construction Cloud

For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities. The shifting of risk and liabilities is a very common practice when drafting contracts. Let’s meet in the middle.

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

Best Practices Construction Law

For example, in the Universal Concrete Products case, the 4th Circuit reasoned that Virginia courts favor the freedom to contract and that parties are freely able to negotiate and draft these types of provisions. However, in Thomas J.

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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. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

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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. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.

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Illinois Federal District Court Enforces Partially Executed Agreement to Arbitrate

Constructlaw

Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it. For example, the parties “met and engaged in many Pre-Bid actions,” including drafting asbestos removal and demolition plans, attending site visits, and preparing the bid.

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Illinois Federal District Court Enforces Partially Executed Agreement to Arbitrate

Constructlaw

Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it. For example, the parties “met and engaged in many Pre-Bid actions,” including drafting asbestos removal and demolition plans, attending site visits, and preparing the bid.