Not too long ago, the construction industry was stuck at decades-old productivity levels. This has changed dramatically in recent years as the use of technology to improve productivity and communication on construction projects has proliferated. Continue »
Recent retail store data breach controversies have spawned a number of lawsuits and insurance claims. Not surprisingly, insurers have responded with attempts to fight claims for coverage for such losses. Continue »
A surprising lack of uniformity in state laws exist that are applicable to fairly common construction contract provisions. Even within states, courts are less than uniform in their approaches, and many states’ statutes and court decisions did not address critical questions about the enforceability of the provisions. In the previous issue of Risk Management, Leavitt and Rosenberg addressed pay-if-paid/pay-when-paid contingencies, no damage for delay, change orders, no lien clauses and statutes of limitations clauses in contracts. Here are five more clauses that may or may not be enforceable.
Construction contracts frequently shift risks downstream. Especially in markets where new projects are scarce, contractors and design professionals often have little leverage to modify contract provisions that shift significant risk to them. Continue »