Claims Drafting Negotiation 
Green Building Law Update
NOVEMBER 5, 2017
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.
Construction and Infrastructure Law
JANUARY 9, 2020
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. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.
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Best Practices Construction Law
NOVEMBER 21, 2019
For example, in the Universal Concrete Products case, the 4th Circuit reasoned that Virginia courts favor the freedom to contract and that parties are freely able to negotiate and draft these types of provisions. However, in Thomas J.
Construction Specifier
JUNE 19, 2020
In other instances, mixing different items can have adverse results, and may need expert guidance (the author acknowledges the advice and comments on drafts of this article from Gerard Cavaluzzi, Esq., Such an assumption may be fraught with risk that may not be revealed until a problem arises during construction, such as submittal of a claim.
Construction and Infrastructure Law
JANUARY 9, 2020
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. In many instances, a clause can be drafted to protect against claims asserted as well as an ultimate finding of liability.
Autodesk Construction Cloud
NOVEMBER 15, 2021
For this reason, construction professionals must find better ways to craft and negotiate agreements. Karalynn also emphasizes the importance of negotiating who takes on certain risks and liabilities. The shifting of risk and liabilities is a very common practice when drafting contracts. Let’s meet in the middle.
Levelset
APRIL 15, 2022
When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. AOBs take the homeowner out of the claims equation. Setting up an AOB.
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