Legal

Implied vs. Express Contracts: Limited Recovery Based on Contract Terms

Mon, 01 May 2023 00:00:00 -0400

< p > <风格type = " text / css " > p.p1{距:0.0 0.0 pxpx 0.0px 0.0px; text-indent: 9.0px; line-height: 12.0px; font: 9.0px Helvetica} span.s1 {letter-spacing: -0.1px} If you have an express contract with a construction firm, make sure you follow the terms carefully in order to get paid. Read on to see the differences between express contracts and implied contracts.

Subordination of a Mechanic’s Lien: A Business and Legal Decision

Tue, 07 Mar 2023 00:00:00 -0500

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Builder Beware: Disclaimer of Implied Warranties May Not Be Enforceable

Fri, 06 Jan 2023 00:00:00 -0500

< p > <风格type = " text / css " > p.p1{距:0.0 0.0 pxpx 4.5px 0.0px; line-height: 9.0px; font: 7.5px 'Museo Sans'} span.s1 {vertical-align: -2.0px} In part, implied warranties ensure that homebuyers are protected from poor-quality construction. Make sure your contracts do not have lopsided waivers and provisions that make them unfair to your customers.

Contract for Arbitration With Care

Mon, 05 Dec 2022 00:00:00 -0500

< p > <风格type = " text / css " > p.p1{距:0.0 0.0 pxpx 0.0px 0.0px; text-indent: 9.0px; line-height: 12.0px; font: 9.0px Helvetica} span.s1 {letter-spacing: -0.1px} Dispute resolution of construction contracts, design professional contracts and other related documents often comes through arbitration or litigation. Dispute resolution clauses should be drafted carefully, consistent with applicable law, to include arbitration if so desired.

The Shop Drawing Liability Debate

Mon, 03 Oct 2022 00:00:00 -0400

Who is responsible for what is in shop drawings? Read on to discover how design professionals can be liable for the contents of shop drawings if they don’t meet the standard of care in specifying materials and manufacturers.

Consumer Protection Statutes Protect General Contractors, Too

Mon, 05 Sep 2022 00:00:00 -0400

Subcontractors should be aware of state consumer protection laws as they can be used against them in a breach of contract situation. Read on for the result of a Connecticut case where a subcontractor defrauded a general contractor out of a 30 percent deposit.

Terminate with Care: Avoiding Contractual Liability for Wrongful Termination

星期五,05年ug 2022 00:00:00 -0400

Before ending a contract, make sure you or your attorney understand the terms dictating when termination is warranted.

Even Limitation of Liability Clauses Have Limits

Mon, 04 Jul 2022 00:00:00 -0400

Limitation of liability clauses are added to project contracts and shift the risk of misconduct perpetrated by design professionals, such as architects and engineers, to the building owner.

Lien Claimants, Beware of Bankruptcy

Sun, 01 May 2022 00:00:00 -0400

Since not all construction law attorneys know the ins and outs of bankruptcy law, and vice versa, consult a bankruptcy attorney and a tax attorney for advice on how to protect your lien rights in the face of a bankruptcy filing.

Arbitrate with Care to Avoid ‘Flimsy Post-Hoc Excuses’

Fri, 01 Apr 2022 00:00:00 -0400

More and more construction contracts include alternative dispute resolution clauses, providing for mediation, arbitration or even a hybrid of both, known as med-arb.

Design-Assist: The Good, The Bad & The Ugly

Fri, 03 Sep 2021 00:00:00 -0400

It is an age-old dilemma in the construction industry: How do you construct a project properly, on time and under budget?

How To Protect Your Company From Cyberattacks

Tue, 01 Jun 2021 08:09:37 -0400

Is PR Part of Your Marketing Budget?

Tue, 01 Jun 2021 08:06:02 -0400

Use it to cultivate the image of the business and its owner as experts in the market. Potential customers view an article by a credible third party as more trustworthy than an ad. PR is a way to generate this kind of earned media exposure.

但我不同意仲裁——我吗?

Tue, 01 Jun 2021 08:02:53 -0400

To understand direct benefits estoppel and how it may impact your agreements, you may want to consult an attorney. At the very least, read through contracts thoroughly as the plain, unambiguous language of the parties’ agreement is going to trump principles of equity in the law.

How direct benefits estoppel may impact your commercial construction contracts.

Tue, 01 Jun 2021 07:57:35 -0400

The Miller Act Matters to Design Professionals

Fri, 02 Apr 2021 00:00:00 -0400

Contractors and design professionals who work on projects for the federal government must contend with a complex web of federal statutes and regulations

Delays Caused By a Pandemic: Are they Compensable or Excusable?

Mon, 08 Mar 2021 00:00:00 -0500

To supplement the famous words of Benjamin Franklin, “[I]n this world nothing can be said to certain except death and taxes” — and construction delays.

CISPI Issues Statement in Response to US CBP Findings to Antidumping and Countervailing Orders

Thu, 11 Feb 2021 12:30:00 -0500

"We applaud U.S. Customs and Border Protection for their hard work and diligent efforts to stop cheating and evasion of U.S. antidumping and countervailing duties on cast iron soil pipe and fittings from China," stated David Parney, executive director of CISPI.

The Spearin Doctrine: 100-Plus Years Old and Still Going Strong

Tue, 01 Dec 2020 00:00:00 -0500

“Errors and omissions” is a phrase that keeps design professionals awake at night.

Certificate of Merit Failure May Result in Engineer’s Success

Tue, 01 Dec 2020 00:00:00 -0500

The statutes can prevent a plaintiff from bringing a frivolous claim for professional malpractice against a licensed professional.

Company Says Failure to Protest Steel Imports Cost It $6M

Thu, 15 Oct 2020 11:45:00 -0400

盟军LP告诉德州联邦法院legal malpractice lawsuit that Steptoe & Johnson LLP cost Allied more than $6 million in duty refunds for its failure to it to file protests with the U.S. Department of Commerce over Malaysian steel imports.

Counsel to Schulz Holding Sued for $750M in Alleged 'Massive Fraud' in Sale of German Companies

Mon, 05 Oct 2020 11:47:00 -0400

The lawsuit against Jones Day, filed in Houston state court on Sept. 25 by Reid Collins, alleges that Jones Day was Schulz Holding's "co-conspirator and aider and abettor" and "thus jointly and severally liable with the Schulz Group for the full amount of damages suffered by Precision."

Contract Claims and COVID-19

Mon, 31 Aug 2020 00:00:00 -0400

Contractors seeking to collect on construction claims will do well to use an experienced construction attorney to navigate through the process.

My Office Is in Ohio. Can I Get Sued in Washington, D.C.?

Mon, 31 Aug 2020 00:00:00 -0400

Instead of looking at only the substance first, a litigant is well-served looking at procedural issues at the same time. Lawyers look to see if there is a defense based on lack of jurisdiction.

Precision Castparts Receives Whistle-Blower Tip After Purchasing Wilhelm Schulz Company

Tue, 14 Jul 2020 18:13:00 -0400

A whistle-blower has brought to light allegations of falsification of sales records and financial standings of a prominent German manufacturer of specialized pipes in the gas and oil industry, recently purchased by Precision Castparts, a Berkshire Hathaway subsidiary based in Portland, Oregon.

Who Do You Trust?

Mon, 06 Jul 2020 00:00:00 -0400

“I want to thank the jury for recognizing Ulma’s unfair and deceptive practices that have gone on for years,” said James Coulas Jr., president of Weldbend. “American companies like Weldbend and Boltex can compete with anyone in the world on a fair and level playing field.”

ASA Part of Coalition Urging Congress to Enact Pandemic-Related Liability Relief Legislation

Thu, 04 Jun 2020 18:00:00 -0400

In its letter to Congress, the coalition notes that crucial projections should safeguard businesses, nonprofit organizations and educational institutions, as well as healthcare providers and facilities, from unfair lawsuits and allow them to continue to contribute to a safe and effective recovery from the pandemic.

AHRI Files Motion to Intervene in Support of DOE Process Rule

Tue, 19 May 2020 02:33:00 -0400

"The Procedures for Use in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment rule, more commonly known as the Process Rule," outlines rules that DOE must follow when it develops new or updated energy conservation standards.

ACCA Urges IWCC to Overturn Recently Approved Emergency Rule

Fri, 24 Apr 2020 23:21:00 -0400

The rule deems that any essential worker in Illinois who contracts COVID-19 will be assumed to have contracted it while on the job and, therefore, eligible for workers' compensation funds.

US Department of Labor Cites Three Employers After Worker Injured at Northwestern University

Tue, 07 Apr 2020 15:33:00 -0400

OSHA received an employer-reported referral from Hill Mechanical Corp. after an employee suffered burns from a release of steam while working in a steam vault at Northwestern’s Evanston Campus.