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 […]
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 […]
David Scotti was asked to present at the ACBA’s presentation on Managing Manufactured System Risk in Construction Law. Follow the link to view his presentation.
THE Construction Contracts Book is now in its third edition and is available at this link: THE Construction Contracts Book. As the full title states, it provides annotated analysis and comparison of the industry form contract documents. It serves as an invaluable resource offering topic-by-topic comparison of the forms of agreements from the AIA, the […]
David Scotti, construction attorney and founder of Scotti Law Group, joined forces with Laura Nee, CEO of VPO Construction Project Management Software to present the following webinar that gives guidance on determining contractual obligations of businesses during this current health crisis. Reviewing and Drafting Construction Contracts in the Age of COVID-19 also gives direction on protections […]
Scotti Law Group recently recovered $1.5 Million for a Pipeline Contractor who had performed construction work on a 70-mile long, 30-inch diameter natural gas pipeline that traversed three counties in eastern Ohio. The prime contractor was unable to pay its creditors, including the Pipeline Contractor. Scotti Law Group promptly prepared and filed a detailed payment […]