Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner
ConstructionRisk.com Report Vol. #14, Issue #1
See article in the following topic indices:
AIA Contract Form,Contract Language,Indemnification,Negligence,Standard of Care,Third Party Beneficiaries
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In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective construction work that the Architect failed [...]
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Managing Killer Clauses in Construction Contracts: Part II
Contract Language,Contract Negotiation,Contract Procedural Requirements
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This is the second part of a two part article. The first part was in last month’s issue of this Report. Consider the following basic “killer” clauses, and how they might be managed. Notice Requirements You must know your contract. The first step in good contractual risk management is to understand the contract and its [...]
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No Excuse for a Bad Contract
Contract - Mutual Mistake,Contract - Onerous Language,Contract - Unconscionable,Contract Language,Warranty
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I am sometimes asked during my risk management seminars if a party to a contract can safely sign an onerous contract with harsh indemnification clauses or other clauses that create excessive liability for an “innocent” party and then avoid the consequences by having a court hold the terms to be unconscionable and, therefore, unenforceable. Those [...]
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How Jargon Complicates Construction
Communication,Contract - Ambiguous,Contract Language
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Put yourself in the shoes of a facilities manager who is responsible for constructing a facility for the first time. You call people you trust to determine how you should go about it, and ask each of them to put it in terms you can understand. As each of your trusted counselors gives you advice [...]
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Engineer’s Duties Specified by Contract Cannot be Expanded by Plaintiff’s Expert Testimony to Elevate the Standard of Care to Jury Question
ConstructionRisk.com Report Vol. #13, Issue #2
See article in the following topic indices:
CH2,Contract Language,Expert Witness,Scope of Service,Standard of Care
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As a result of a fatal accident that occurred when a car hit a low median separating traffic on a highway overpass bridge and vaulted over it into oncoming traffic, plaintiffs filed suit against the engineering firm that had years earlier performed professional services involving the bridge. Pursuant to a contract with a developer, the [...]
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