Tag Archives: contract provisions

Who Will Bear the Risk and Cost for Coronavirus Construction Delays? A Contractual Analysis.

As the Coronavirus spreads across the globe, its impact continues to disrupt many industries, including construction.  Over the last twenty years, the construction industry in the United States has substantially increased its reliance on China as a supplier for all types of construction materials including electrical and lighting equipment, elevators and component parts, plumbing fittings … Continue Reading

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

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

The Common Interest Privilege May Offer More Protection Than You Thought.

The Common Interest Privilege May Offer More Protection Than You Thought. Consider for a moment a situation when an Owner and a General Contractor want to exchange confidential communications relating to a potential legal matter. When the Owner and Contractor are not both parties in a suit, what protections might they have? One possible consideration … Continue Reading
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