When Hurricane Helene struck North Carolina, it caused severe disruptions to construction projects across the state. Baxter International’s North Cove facility in Marion, N.C., was completely shut down after floodwaters damaged the site and bridges leading to it. Elsewhere, landslides and floods wiped out large sections of Interstate 40, making transportation of materials and equipment
That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component
What’s a goocher? If you saw the movie, Stand By Me, then you know exactly what I mean. And there are times when parties to a construction contract face a goocher. Here’s what I mean…
In J. Clancy, Inc. v. Khan Comfort, LLC, the Supreme Court of South Dakota held that a missing
Are There Limits to Your Freedom to Contract in Construction Agreements? Yes.
Yes, there are limits to what parties can include in a construction contract. For example, many states like Tennessee have choice of law and venue statutes that make it unlawful to include a provision in a contract requiring the substantive laws of another state or the venue of litigation/arbitration in another state for real estate
Construction Contracts: New Technology for ConsensusDocs to be Released
I just received an email this morning from ConsensusDocs, announcing that they will be offering a new and significantly improved new technology platform for ConsensusDocs contracts within the next two weeks that will improve the contract process.
Continue Reading Construction Contracts: New Technology for ConsensusDocs to be Released
A Little Game of Tag: Contractual Waivers of the Automatic Stay in Construction Contracts
What does a little game of tag have to do with construction contracts? If you ever come by my house on a Saturday afternoon, you will find about 10-15 kids running through my backyard playing the "You’re it!" sensation. Oftentimes, when I am sitting on the back deck with a cool glass of iced tea
Construction Contracts and Arbitration Provisions: Is the Word “May” Mandatory? Maybe!
You don’t always say what you mean. And you don’t always mean what you say.
In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. For example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. Or when parties use the