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Reliance on Letter Agreement Defeats Architect’s Copyright Claim

Construction Lawyer

LEXIS 118757 (August 26, 2014), illustrates once again that letter agreements should be avoided by design professionals. Some time later, the architect drafted an AIA contract which the owner marked up with various changes. The architect was hired to design a restaurant for the owner. The lawsuit followed.

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Are Claim Settlements Producing Unexpected Consequences?

Construction Dive

By Bruce Jervis Claim settlement agreements can be drafted any which way. Sometimes they are drafted with broad, general language. Parties signing claim settlement agreements need to be aware. Sometimes they produce unexpected consequences. The supplier sued the state and settled for a stipulated amount.

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Green Building Data Risk as an Opportunity

Green Building Law Update

A properly drafted green building lease may contain a provision substantially like, Landlord shall provide to Tenant reports for the amount of electricity, natural gas and fuel oil (where applicable) consumed at the building broken down by utility type, energy unit usage (e.g., A claim pending against a major U.S.

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Arbitration is Why There is So Little Litigation in Green Building

Green Building Law Update

Appreciate that this limited number of disputes pursuing courtroom redress exists against a backdrop of a rising number of actual claims in green building construction projects. And there is no question that a properly drafted provision in a contract requiring arbitration is enforceable. Legal scholars can have at it.

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Contracts Must Be Clear on "Arbitrability" Question, Especially for $56M Claims

Best Practices Construction Law

Just like any other construction contract dispute, the resolution in arbitration often comes down to the language used in the parties'' agreement. The Original Agreement. The Second Agreement. Those claims were identified in Exhibit 1 to the agreement. In Massachusetts Highway Dept. Perini Corporation, 83 Mass.

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Severin Doctrine: It's Another Name for "Pass-Through-Plus" Claims

Best Practices Construction Law

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim. A well drafted liquidation agreement will generally accomplish this purpose.

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Illinois Federal District Court Enforces Partially Executed Agreement to Arbitrate

Constructlaw

District Court for the Southern District of Illinois recently enforced a partially executed agreement to arbitrate where the party that failed to countersign demonstrated assent through its acts and conduct. Spirtas countered that the TPA was not a valid and legally binding arbitration agreement because SGLC never countersigned it.