I represent various industry players in construction contract negotiations and, invariably, at least one party wants a “waiver of consequential damages” clause in the agreement. 

Unexpected conditions below the surface can lead to major disputes. A recent case between Skanska Civil USA and the U.S. Navy reveals the high stakes of differing site conditions and the importance of thorough pre-bid review and due diligence.

Attorney Steve Nudelman discusses a recent New Jersey appellate court decision in Lahoud v. Anthony & Sylvan Corp., which scrutinized an arbitration clause deemed one-sided in favor of the contractor.

Columnist Steven Nudelman highlights the importance of understanding arbitration as a binding dispute resolution method and the potential limitations on legal rights when accepting digital contracts.

In litigation, courts view the failure to take discovery obligations seriously, such as failing to preserve electronically stored information.

A pending federal copyright infringement lawsuit may be of particular significance for plumbing design professionals.

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.

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.

Looking back to a case from 1973, Steven Nudelman explains this negligence claim where a contractor was forced to pay for additional materials and labor because of an architect’s errors and omissions.

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.