Construction Contracts
When a Lien Waiver is Not Enough
One of the key protective documents for Owners during the course of construction is the lien waiver. A lien waiver is a signed document from a contractor, subcontractor, materialman, equipment lessor or other party to the construction project stating they have...
No Damages for Delay Clause Found to be Enforceable, Despite 22 Month Project Delay
Although it is settled law that a no-damages-for-delay clause which exculpates a contractor from liability for damages resulting from delays in the performance of the work is generally enforceable, various courts have applied the exceptions enunciated by the Court of...
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...
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...