Any Misrepresentation on Insurance Application Can Void Coverage
Incorrect statements can result in denial, canceled coverage or withdraw of a settlement determination.
Avoid a Derailed Settlement in Construction
Pushing the envelope when negotiating a settlement could derail an otherwise good settlement.
Daily Construction Reports: Don’t Leave the Job Without Them
Daily construction reports can help resolve a delay issue or clarify a jobsite access claim. They are admissible in court since the information was recorded when
Fixing That Mistake
Spoliation, manipulation or elimination of evidence can expose a contractor to liability and damages.
Common Law Indemnity: Indemnification Outside of the Contract
While indemnity is generally contractual, it may also be available outside of the contract in "common law indemnity."
Shorten the Time to Foreclose a Lien
While the timeframes for filing, enforcing and discharging construction liens vary by state, some statutes allow for the outright cancellation of a lien. An electrical
Recovering Attorney’s Fees: No Easy Task
Before recovering legal fees, the contractor has to show it is both legally entitled to the fees and is the prevailing party in the dispute.
How to Protect a Construction-Related Invention
If someone develops a unique tool to accomplish work faster, easier or less expensively, here’s how to protect it from misappropriation by competitors or an errant
Ensure Non-Compete Agreements Are Enforceable
Non-compete agreements are an important element in any employment relationship. Crafting them properly, however, can make the difference between success and failure
Sharing Fault: Architects and Contractors on the Line
In a number of jurisdictions, an architect can be held liable to a contractor if that contractor is damaged by the architect’s negligence. This is true even if
Satisfaction of Lien Generally Requires Payment of Legal Fees
Liens are the go-to tool for contractors when payment is in jeopardy. Once filed and recorded, the lien encumbers the real property where the work has been done.
Think Twice Before Walking Off a Job
Walking off a job comes with significant risks. A contractor could quickly find himself in court accused of breach of contract and be sued for damages.
Substantial Completion Defined
Substantial completion can be defined in the contract as the date the certificate of occupancy is issued, the date the owner occupies the property, or the certified
The Accepted Work Doctrine: Something Every Contractor Should Be Aware Of
Contractors are generally not liable to third parties for injuries caused by dangerous conditions related to the contractor’s work. But know the accepted work
The Right Forum Selection Clause Can Make a Difference in Legal Disputes
Forum selection clauses in construction contracts specify where legal disputes are heard. When litigation occurs contractors (and their attorneys) will want the
What Should Be in Every Construction Agreement
A detailed and coherent construction agreement on every job minimizes confusion, makes clear everyone’s responsibilities and reduces disputes. There are six key
How to Transfer Some of That Risk
Contractors may think hold harmless, indemnification and duty to defend have the same meaning, but each has different and serious implications.