More and more construction contracts are CM-at-risk contracts with a Guaranteed Maximum Price (“GMP”). Contractors and Owners are increasingly relying upon a “cost plus with a GMP” format, such as the AIA A133 form, as a fair way to allocate risk. This is particularly true when the design drawings are evolving in the early days […]
owners Archive
The Ten Commandments of Construction Law
A construction project can be “a problem in progress.” What separates successful owners, contractors and subcontractors from the others is their ability to effectively manage those problems. Practitioners advising the construction industry frequently consult the relevant contract documents when dealing with these problems, but there are several key statutes that trump the contract that counselors […]
Cranes: Who Owns the Project Air?
The recent surge of construction activity in urban settings has accelerated the use of cranes in tight spaces. Frequently, large cranes find themselves moving over neighbor’s buildings. Unfortunately, there is little definitive law that tells us exactly what the obligations of the crane operators are as to the neighbor’s property and what “air rights” may […]
Third Appellate District Ruling = Good News for Contractor + Owner Covered by CGL Policy
This week, the Court of Appeals of Ohio, Third Appellate District, in a ruling that reversed the Hancock County Court of Common Pleas, issued a welcome ruling for construction participants in the state of Ohio. The court held that the industry-standard Commercial General Liability (CGL) policy purchased by Charles Construction Services, Inc. from Cincinnati Insurance, […]
5 Steps to Protect Your Claim
It is not unusual for contractors to experience impacts beyond their control that delay or disrupt their work. While each contract requires a little different approach, if you follow these basic steps you should be in a good position to seek redress on your claim for additional time or money. Request a Time Extension in […]