The Real Estate and Construction Blog summarizes a Califonia appellate court recently held a "continued performace clause" is not enforceable when the owner commits a material breach.
“We shook hands on it” connotes to folks in the construction business a legally binding deals been made. Would writing the contract with one’s own blood connote more?
Make the arbitration clause one-sided and give yourself, but not the other party, a way to opt out and the clause is unenforceable according to a recent ruling by the Wisconsin Supreme Court.
The provisions of the Act are summarized and linked to over at Construction Lawyer-Utah.
Marc Mayerson over at the Insurance Scrawl does his usual masterful job discussing recent case law on when late notice results in forfeiture of insurance coverage.
An Engineering, Procurement and Construction contract (EPC) requires the contractor to bear the construction risks and to deliver a “turn-key” project.
The New Jersey Law Blog provides important “how to” advice about designing a non-defective fire suppression system for a new building.
A material breach by the owner ordinarily relieves the contractor of his duty to perform. Non-payment by the government as a material breach of contract is the subject of a Government Contracts Litigation post.
The National Home Builders Association believes a recent decision by the Supreme Court confirms the E.P.A. is exceeding its authority in requiring builders to secure water discharge permits
The ContractsProf Blog summarizes an appellate decision holding the trial court erred in allowing the jury to decide the intent of an unambiguous one year warranty of materials and workmanship.
The ContractsProf Blog points to a contract damages flowchart prepared by Profesor Tom Bell for his law students.
Not in Delaware!
Depeche Mode on contracts psoted at ContractsProfBlog.
The ContractsProf Blog discusses whether potential business insolvency constitutes grounds for an injunction in a breach of contracts case.
The Real Estate and Construction Law Blog summarizes two notable court decisions upholding permits for wetlands construction issued by the U.S. Corp of Engineers.
May It Please the Court tells an eye opening story about a case in which “an insurance company issued a policy to a company in India, doing business in India, to cover work done in India for an American company” but “the policy excluded coverage for work done in India.”
Washington Construction law posts a copy of a atste study of the effectiveness of using the General Contractor/Construction Manager (GC/CM) delivery system on state and local projects.
Check out this practical “how to” article in The SunHerald on how to deal with the proposed new FEMA flood zone elevation requirements. The article also discusses the Mississippi Gulf Coast home construction market.
The Online Guide to Mediation points to a collection of essays on the law as depicted in Harry Potter’s World.
The answer turns on more than the labels used in the parties’ construction contracts, the Mississippi Supreme Court recently held in Aladdin Construction Company, Inc. v John Hancock Life Insurance Company.
A daughter-father feud over a wedding gift triggered a lawsuit and enforcement of an oral construction contract in Simons v Jaggers, a recent Mississippi Supreme Court decision.
Subcontract flow down clauses pass through the terms and conditions of the general contract into the subcontract. Dan Hawbaker over at Construction Law Blog points out the downside of a poorly drafted flow down provision.
The Construction Contractor’s Digest explains the difference between these terms and the formula for calculating each.
May It Please the Court discusses the differences.