There are a myriad of decisions which must be made when drafting construction and design contracts for a project. The contract documents establish the rules and framework for the design and construction of the project. Based on previous projects and conflicts, experienced construction practitioners have their own forms and, as importantly, opinions on what should […]
Critical components of a construction contract include: indemnification, scope of work, warranty, payment terms, pay if paid/pay when paid. schedule of values, liquidated damages, damages waiver(s), financial wherewithal of owner, schedule, construction change directives, and more. The following article details some of the critical contract elements for review. 1. INDEMNIFICATION Different types of indemnity provisions […]
Sometimes the law struggles to keep pace with the ever-changing needs and demands of the people. As a result, some very old and very puzzling laws are still technically in effect. Dozens of top-ten lists have been written on the most humorous of these laws—like a law in Florida about what parking fees apply to […]
Risk is defined by Webster as the possibility of loss or injury, peril; a dangerous element or factor. Risk, when used as a verb, is defined as to expose to hazard or danger. As the economy worsens, there is less work available and the competition for that work is increased. This combination of less available […]
The AIA A201General Conditions of the Contract for Construction (“A201”) is one of the most commonly used contract documents in the construction industry. It was first published in 1911 and the most recent version published in 2017 is the seventeenth edition. The A201 helped establish most of the general terms between the Architect, the Owner, […]
Recognizing and Addressing the Limitations of the Multiple–Prime Delivery System By David A. Scotti, Esquire Introduction In Pennsylvania, when public Owners want to build, the Separations Act, 71 P.S. §1618, requires them to use a multiple-prime project delivery system and each of these prime construction contracts must be competitively bid. This paper will not focus […]