Tag Archives: Construction Contracts

Recipe for a Project Bankruptcy: Part 2
The Contractor in Bankruptcy Through the Lens of the Owner

My last article examined strategies for construction managers facing an owner bankruptcy. Now, looking through the lens of the owner, let’s examine best practices when it is the contractor who has filed for bankruptcy. Throughout New England and the United States the construction industry continues to thrive with several new projects underway and on the … Continue Reading

Looking Forward: A workman’s view of the construction business and the practice of construction law.

A few weeks back my colleague, mentor and friend Greg Faulkner wrote a post here that looked back on his 25 years as a construction lawyer.  It was a very thoughtful piece and frankly I think it was one of the best legal blog posts I have read.  You can access it here: https://www.constructionlawzone.com/2016/07/twenty-five-years-in-the-construction-industry-weve-come-a-long-way-baby-or-have-we/ As … Continue Reading

Yet Another Trap for the Unwary : Forum Selection – Don’t Get Dragged Across the Country

Recently I came across an article that led me to a case that dealt with the seemingly innocuous and often perfunctory forum selection clause.  In the case (Liddell Bros. v. Impact Recovery Sys., 2016 U.S. Dist. LEXIS 36258 (D. Mass. Mar. 21, 2016)) a highway Massachusetts contractor’s lawsuit (arising out of a Massachusetts project) against … Continue Reading

Limitations of Liability— Scenario Two: No Damages for Delay Clauses

This is the third post in the four-part series “Limitations of Liability—The Elephant in the Room.” Owners often attempt to limit their liability to contractors through what is commonly known in the construction industry as a “no damages for delays” clause.  Much like waivers of consequential damages, a “no damages for delays” clause, which limits … Continue Reading

Arbitration’s Diamond in the Rough: Lessons from the Dichele Superior Court Ruling

In construction law, contracts are at the heart of our business; contracts between: owners and architects; owners and general contractors; contractors and subcontractors; and subcontractors and sub-subcontractors. Contract language often determines the path of dispute resolution, with arbitration clauses playing a prominent role. In Dichele v. Goldsmith, 2014 Conn. Super. LEXIS 1889 (Conn. Super. Ct. … Continue Reading
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