Tag: Construction Contracts

Contracts Are King, But Don’t Forget Tort Law

The construction industry is driven by its memorialization of business terms and legal obligations in written contracts.  However, “tort” law also imposes many implied rights and obligations independent of what parties may have formally agreed to, the foremost of which is to use reasonable care so as to avoid damage to others. In my recent Daily … Continue Reading

“From, For, and Against”: What’s the Difference?

Indemnity provisions are often among the most negotiated and least understood provisions of commercial contracts, and construction contracts are no exception to this rule. Despite, and perhaps because of, the importance of these clauses, they have evolved into an almost impenetrable jumble of legal terminology. This jumble of words is not, however, without meaning. Although … Continue Reading

Watch Out for Forum-Selection Clauses

When developing construction contracts, parties frequently focus on what they consider to be the “essential terms” and may not be aware of “boilerplate” provisions.  In my recent article for the Daily Journal of Commerce, I address one of these important provisions — the forum-selection clause — and discuss its potential impact as well as things … Continue Reading

Expect the Best, Prepare for the Worst – Drafting Construction or Design Contracts

When embarking on a new design or construction contract, all parties hope the road will be smooth and that any bumps can be handled by agreement. However, real disputes do occur.  When they do, a well-crafted contract can provide rules for resolution.  It is best to formulate those rules before disputes arise.  In my recent … Continue Reading
LexBlog