Tag: The Law

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Who is responsible when a substituted product causes trouble?

A contractor decided not to use a brand-name product. The consequences were costly.

Legal Brief: ‘Your license and registration, please’

Three scenarios clarify how important it is for design firms to be prudent about corporate formalities.

Why the AEC profession should avoid jury trials

One word was missing from a single instruction. The result? The parties may spend millions to fix the error.

Legal Brief: Look out for lawyers’ ‘reptile’ tactics in civil engineering cases

Lawyers Michael C. Loulakis and Lauren P. McLaughlin explain how design firms can protect themselves from lawyer’s “reptile” tactics in civil engineering cases.

Verbal acknowledgments are not always reliable

An owner's officer thought a contractor's differing site condition claim would be recoverable. A court saw it differently.

The Law: Think twice about taking on a duty to defend

Lawyers Michael C. Loulakis and Lauren P. McLaughlin explain how design firms can protect themselves from contractual liability related to “duty to defend” statutes.

A new twist: Contractor is found liable to a subcontractor under the Spearin doctrine

What happens when a contractor is found liable to a subcontractor under the Spearin doctrine?

Who bears the risk when contracts do not turn out as expected?

A case involving an otherwise mundane issue led to a surprising — and possibly far-reaching — conclusion.

The road to default termination is littered with risk

Here’s what you need to know to successfully terminate a contractor or subcontractor for default.

Contractor required to rip out work despite inspection approvals

The federal government always has the right to insist on strict compliance with a contract.