Year: 2014
Contractual Indemnity Language Effects and Enforceability
In an effort to limit liability, a party rendering services to another may attempt to introduce contractual language that could impair an indemnification claim.An example of such language is as follows:"In no event shall the indemnification obligation extend beyond...
When Negotiating an Architect’s Agreement, Ensuring that an Owner is Protected in the Event of an Early Termination is Imperative
On some projects, conflicts arise between an owner and its various design professionals, including its architect. Should an owner opt to terminate its architect, the parties' rights will be dictated by their agreement. Therefore, an owner should be mindful of the...
UPDATE: LIABILITY OF INDIVIDUAL PRINCIPALS OF CONDOMINIUM SPONSORS TO UNIT OWNERS FOR BREACH OF CONTRACT CLAIMS BASED ON THE PRINCIPALS’ CERTIFICATIONS IN THE OFFERING PLAN
As previously discussed in a prior blog, pursuant to the Martin Act regulations, both the Architect for the condominium and the individual principals of the Sponsor are required to provide specific certifications in the Offering Plan. The regulations provide the exact...
Insurance Concerns Under Precon Agreements
Posted by: Evan Wagowski During the preconstruction phase of larger construction projects, a construction manager (CM) almost always is retained by an Owner to act "as agent" under a Preconstruction Services Agreement (Precon). In addition to off-site preconstruction...
A REVIEW OF COMMON CONSTRUCTION CONTRACTING ARRANGEMENTS
Posted by: Aliza Ganz We are frequently approached by clients seeking our expertise in the drafting and negotiation of construction contracts. One of our first threshold issues essential to our preparation of the contract is resolving how the general contractor or...
Project Owner Permitted to proceed Upon direct Claim against subcontractor despite lack of privity
Posted by: Kalvin Kamien Although, as a general rule, a project owner is precluded from proceeding upon a direct claim against a subcontractor due to a lack of privity (See Owssom Builders, LLC v. J & F Refrigeration Air Conditioning and Heating, Inc., 28 Misc. 3d...