by Stephen Hilger | Aug 9, 2017
By Stephen A. Hilger This is Part 1 in a 20-part series of articles dealing with issues of arbitration in the construction industry. The question of whether to arbitrate or litigate disputes comes up fairly frequently in the construction industry. From my humble...
by Aileen Leipprandt | Jul 10, 2017
By Aileen Leipprandt Being an additional insured on someone else’s insurance policy does not guaranty protection. Such was the lesson learned by an engineering firm in Orchard Hiltz & McCliment Inc. v Phoenix Ins. Co. and Federated Mutual Ins. Co., (U.S. 6th...
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 Hilger Hammond | Jun 21, 2017
By Aileen Leipprandt In April 2017, the American Institute of Architects (AIA) released the 2017 editions of its flagship agreements, including the Owner-Contractor Agreement (A101), Owner-Contractor Agreement, Cost Plus a GMP (A-102), the General Conditions of...
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...
by Aileen Leipprandt | May 17, 2017
By Aileen Leipprandt Some say it’s better to beg forgiveness than ask permission. That’s not the case when it comes to complying with zoning ordinances, as recently learned by defendants in a zoning enforcement action brought by the Village of Pentwater. In Village of...
by Hilger Hammond | Apr 25, 2017
By Daniel Hatch Here’s what we know. On federal projects, the Miller Act requires prime contractors to furnish a payment bond “for the protection of all persons supplying labor and material in carrying out the work provided for in the contract for the use of each...
by Aileen Leipprandt | Apr 11, 2017
By Aileen Leipprandt The Court of Appeals recently enforced an arbitration agreement between a contractor and its subcontractor in a dispute involving indemnity and insurance coverage for a claim by subcontractor’s injured worker. (Spence Bros. v Kirby Steel, March...
by Mark A. Rysberg | Apr 4, 2017
By: Mark A. Rysberg On December 18, 2015, the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) was signed into law. Proponents and sponsors of captive insurance structures often refer to the tax benefits of I.R.C. Section 831(b), which allows eligible...
