Recovering Attorney’s Fees: No Easy Task
Before recovering legal fees, the contractor has to show it is both legally entitled to the fees and is the prevailing party in the dispute.
Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain
In this case study, a contractor found that a virtual jury trial can be effectively conducted with none of the parties—attorneys, judge, witnesses or jury—in the same location.
The Value of Photographic Evidence in Construction Litigation
Photos provide key evidence in a construction dispute. Details and visual context make a story compelling and evidence and corroboration make a story persuasive.
Seven Trends That Impact Commercial Construction Litigation in 2021
Trends affecting construction litigation include safety measure, disputes and bankruptcy, court backlogs, air handling structure design, prefab or modular techniques, BIM and green building.
Legal Risks of Green Building
While green building and sustainable development is the future of the construction industry, there will likely be more (and more complex) claims of contractual indemnity and professional liability.
Insurance Certificates: The Tip of the Iceberg
When it comes to general liability policy exclusions, it is imperative that contractors understand what their policy actually covers before they make a claim.
Waiver of Consequential Damages: The Most Important Provision in a Construction Contract
Detailed compromises on waivers of consequential damages may be commonplace in future construction agreements as contractors’ counsel may be wary of the risks assumed or transferred.
Using Lien and Bond Claims to Secure Project Payments
When disputes arise on a construction project, mechanic’s liens and payment bonds ensure that rights are protected, remedies for non-payment exist and that they are enforceable.
