Where a general contractor failed to pay its subcontractor and used the pay-if-paid clause of the subcontract as the reason for not making payment, the Supreme Court of Nevada held that the contract provision was not per se void and unenforceable in light of the...
An appellate court reversed the trial court judgment that held a Contractor was not entitled to costs associated with delays (including overhead) on a city building project. The city argued that the contractor was late in submitting its claim for damages and it also...
A commercial general liability (CGL) carrier was entitled to summary judgment that it owed no duty to defend an engineering firm against a lawsuit alleging that the firm had intentionally defrauded the homeowners in a community concerning the quality of their drinking...
A highway contractor controlling traffic on a road on which it is performing construction owes a duty of care to a motorist who was rear-ended when forced to stop behind a car that wasn’t able to turn left at an intersection where traffic was backed up and stopped due...
A contract clause making the contractor solely responsible for any changes of whatsoever nature was not ambiguous when it came to the extra costs to change the influent pipe size and design to fit with an “or equal” equipment item submitted by the contractor in place...
Brasfield & Gorrie LLC (Brasfield) was a general contractor (GC) hired by Fritz Farm Retail Company, LLC to construct The Summit at Fritz Farm, a multi-use development. Brasfield entered into a subcontract with Harrod Concrete and Stone Co. (Harrod), for Harrod...
Kent Holland created this series of short videos to provide risk management and contract drafting tips for design professional contracts. Each video is one to two minutes in length. At the conclusion of each video, the next one will start automatically. Or you can...
What if you had access to the insights of the top general counsel from five of the largest construction companies for 90 minutes and could get CE credit for it? The Chief Legal Officers from Hensel Phelps, Gilbane, Balfour Beatty, Burns and McDonald, and Big D...
A government contractor, pursuant to a fixed-priced contract with the U.S. Department of State, was constructing a rainwater capture and storage facility in Sierra Leone when the Ebola epidemic occurred in 2014. As a result, the contractor suspended its work,...
Homeowner filed suit against its design-build contractor for defects in a $1 million swimming pool. In addition to claims for negligent design and construction defects, the homeowner asserted that the designer and design-builder were guilty of fraudulent educement,...
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