As originally published in the Daily Journal of Commerce Lots of people in the construction industry have been talking about public-private partnerships recently. But many folks aren’t really sure what a PPP is, don’t understand the players and their roles, and may not recognize the risks and potential benefits. PPPs have been used in the… Continue Reading
No Damages For Delay Clause Eliminates Pass-Through Claim
Recovering Liquidated Damages Is Not Contingent On Suffering Any Actual Damages
Proposed Law Prevents Outsourcing of Services on Public Contracts
Oregon Buy America Act Is Coming
On August 8, 2010, in Mattingly v. Palmer Ridge Homes LLC, Division II of the Washington Court of Appeals reversed summary judgment in favor of builder Palmer Ridge Homes. A copy of the decision may be found here: Download file The decision is significant for what it says about the enforceability of limitations contained in third-party warranties and by… Continue Reading
Last month’s Oregon Appellate Court decision clarifies that parties in privity with one another MAY sue in tort for construction defects. Previously, the law seemed relatively straight forward: Unless parties are in a “special relationship” (eg, physician-client; engineer-client), parties in contract with one another generally may not bring a separate cause of action in tort for construction defects. Jones v. Emerald Pacific… Continue Reading
Are No Damages for Delay Provisions enforceable in Oregon? That depends (favorite lawyer’s response, but true)… In summary, these provisions are: enforceable on private projects unenforceable in public procurement prime contracts probably enforceable (but TBD) in public procurement subcontracts In essence, these provisions limit a contractor’s remedy in the event of a delay to a time… Continue Reading
So you wrap up a lawsuit and enter into a settlement agreement in which one side agrees to pay money to the other side in exchange for mutual releases and other typical settlement clauses. But then the party required to make the payment, well, doesn’t pay. What happens to the claims that were released? Do they come… Continue Reading
Another chapter in the story of what happens when good folks use bad contracts. Owner contracted with electrical contractor to upgrade service in a 5 unit apartment. The Contract stated: "Payment in full at time of completion." The electrical contractor sued when Owner refused to make payment in full. And in fact the electrician did… Continue Reading
Throwing its weight behind ConsensusDocs (see our post from October 25), the AGC announces it will not support the AIA’s revised General Conditions.
… are available online.
ConsensusDocs seeks to dislodge the standard AIA contract forms & become the new industry standard. Is anyone using these forms yet? If so, how is it going?
Here’s an insightful summary of potential risks to design professionals in undertaking green projects, mainly from an insurance coverage angle.
A former client sued Preston Gates for $1.7 million related to the "nightmare" associated with the client’s retirement home in Kitsap County. The client alleged the problems which lead him to sell the home — primarily cost overruns & insufficient insurance recovery available to the builder which was doing business as an LLC — were due to… Continue Reading
In contract law, a warranty is a different breed of cat. To prevail, one generally need only prove the the work was defective. The focus is upon the end result itself, not whether the installer or subcontractor breached the details of a contract provison or specification. Breach of contract claims, by contrast, depend upon proof… Continue Reading
Those who dare to contract on an oral, cost-plus basis are subject to the rules made by the court to determine exactly what costs are included — and excluded — from the definition of reimbursable cost. And in Washington, despite the unfortunate frequency with which owners and contractors resort to this informal process, this is… Continue Reading