by Mark A. Rysberg | Oct 10, 2017
By: Mark A. Rysberg Indemnification provisions frequently appear in construction and commercial contracts. They operate to shift risk from the party being provided indemnification to the party providing indemnification. The principle behind such risk shifting is to...
by Mark A. Rysberg | Jun 29, 2017
By: Mark A. Rysberg Many insurance sections of construction contracts contain language whereby the parties involved in the construction project waive all claims against all other parties involved in the project for insurable losses such as property damage and personal...
by Mark A. Rysberg | Jun 29, 2017
By: Mark A. Rysberg A conversion clause arises in the context of contract termination. There are generally two types of termination; termination for cause and for convenience. Each type of termination differs with respect to the basis for termination, as well as the...
by Mark A. Rysberg | Jun 29, 2017
By: Mark A. Rysberg An express trust clause can be used in a construction contract to create a trust over payments received by a contractor or subcontractor. The effect of establishing a trust is that it creates property rights in construction project payments and...
by Mark A. Rysberg | Jun 13, 2017
By: Mark A. Rysberg A site investigation clause is a provision in a construction contract that indicates that one of the parties has made an inspection of the property, project, or location where certain services, labor, or material will be provided, and that the...
