Posts Tagged 'legal'

We are pleased to present below all posts tagged with 'legal'. If you still can't find what you are looking for, try using the search box.

LEED Liability: Construction Contract Concerns for Green Building Projects

Despite the continuous narrative tied to green building, construction contracts have simply not kept pace, and most form contracts or standard clauses do not address contractual issues specific to sustainable projects. 

Bipartisan Federal Legislation Is a Potential Boon for P3s

For construction companies active in the public-private partnership (P3) or design-build arena, the bipartisan Public Buildings Renewal Act (S. 3177/H.R. 5361) represents a fountain of new work opportunities building or rehabilitating many outdated and dilapidated government-owned facilities—such as public schools, post offices, prisons, courthouses and libraries—that need to be replaced. 

Three Onerous Contract Provisions to Avoid

Contractors must carefully read and study contracts before signing them. While this may seem obvious, it is surprising how often project participants sign agreements containing clauses that a party did not read, did not understand or did not take seriously.

The Value of an Annual Partnering Meeting

The results of the partnering meeting, as it becomes an annual tradition, will prove to be valuable throughout the year, and help to provide a big-picture view of the construction business that otherwise would not be possible. 

Methods of Obtaining a Stay Pending Another Arbitration

Use of a motion to stay is a more straightforward method of obtaining a stay. However, a preliminary injunction can get the attorney in front of the court, and it could be a quick or last option to stay an arbitration. 

Assignment Issues Implicated in Contract Clauses

In theory, the purpose of an anti-assignment clause is to protect a party’s right to choose who it works for. Most industry professionals believe such a clause prevents assignment and conduct their affairs accordingly. If the goal is to actually prevent an assignment while a contract is executory, the clause needs to specifically state that any assignment in violation of the agreement is void and unenforceable.

Agencies Consider Updating Regulations Governing Human Trafficking and the Audit Process

As these changes unfold during the coming months, construction companies performing government contracts should keep an eye on further guidance from the government regarding anti-human trafficking regulations and updates to current cost accounting methods. Interested parties should ensure that their internal procedures can be easily brought into compliance with the new requirements. 

Dividing Liability at Contaminated Sites

Falling under the Environmental Protection Agency’s (EPA) hammer of “joint and several liability” in contaminated site cleanup cases is a costly proposition. Recently, the Supreme Court has thrown open the door to dividing these costs, and courts are now considering how to do it.  

Limit Litigation Expenses By Streamlining Storage of Electronic Information

There is no way to make litigation and electronic discovery inexpensive, but there are ways to reduce the expense if both sides communicate and commit to the process, and if a company manages its data so that it is easily accessible in the event litigation arises. 

Maximizing the Enforceability of Teaming Agreements

Basic contract law often treats teaming agreements as unenforceable “agreements to agree” (i.e., the parties agree that if, in the future, the bid proposal is accepted, then at that time the parties will negotiate the terms regarding the work to be performed). As such, contractors and subcontractors are placed in the unenviable position of needing an agreement that is frequently worth no more than the paper it is written on. 

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