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Construction Law: July 2024

Construction Law

News Our regular news round up includes a landmark Supreme Court judgment that will affect many major infrastructure projects; transparency concerns over the burgeoning use of framework agreements; and a council victory in a judicial review involving a private finance initiative roads project.

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Assignment of Benefits for Contractors: Pros & Cons of Accepting an AOB

Levelset

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs. Setting up an AOB.

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Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project. Code § 2782; N.Y.

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Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

Construction and Infrastructure Law

Indemnification clauses appear in nearly every agreement, but they are often overlooked as mere boilerplate provisions after the parties have painstakingly negotiated all of the other terms. Indemnification clauses are arguably the most important part of an agreement when an accident or dispute arises on a project. Code § 2782; N.Y.

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Green Building Data Risk as an Opportunity

Green Building Law Update

There are a panoply of federal laws within discreet silos, including significantly: The Health Insurance Portability and Accountability Act (HIPAA), The Family Educational Rights and Privacy Act (FERPA), the Fair and Accurate Credit Transaction Act (FACTA), and the like. establish requirements for a business after a data breach.

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#88   Battle of the Forms: When Is There an Enforceable Contract?

NH Construction Law

When contracts and subcontracts are negotiated, it is common for written drafts and redrafts to circulate between the parties, sometimes with a letter of intent to enter into a contract thrown into the mix, and sometimes with competing forms being used – a proposal or bid on one side, an expansive formal contract on the other.

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Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

Construction and Infrastructure Law

AB 1701 “does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created…” Accordingly, direct contractors across California should take a closer look at the terms of their agreements with subcontractors.