Understanding waivers of subrogation and their effect on the contractor and subcontractor allows parties to construction contracts to better allocate their risk and negotiate the contract price. It is crucial to consult insurers before entering into such an agreement.
D.C. Circuit Court of Appeals holds non-commercial use of standards
incorporated by reference into law is fair use.
January 8, 2024
On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement.
When it comes to arbitration in a contract dispute, it is important to remember to read the contract. Courts give parties wide latitude to structure their own arbitration agreement. Parties may agree on arbitration as a method of dispute resolution, the specific rules to be followed and the scope.
This case deals with arbitration and interprets certain provisions of a standard contract document published by the American Institute of Architects. While it involved a construction contract, the principles are also applicable to design professional contracts.
When confronted with a subordination clause in a construction contract, contractors will receive conflicting advice from lawyers and business managers. If the clause is legal in a contractor’s jurisdiction, he’ll need to consider whether it is worth it to antagonize a client.
In part, implied warranties ensure that homebuyers are protected from poor-quality construction. Make sure your contracts do not have lopsided waivers and provisions that make them unfair to your customers.
Dispute resolution of construction contracts, design professional contracts and other related documents often comes through arbitration or litigation. Dispute resolution clauses should be drafted carefully, consistent with applicable law, to include arbitration if so desired.