This is the first revision in 10 years. The American Institute of Architects (AIA) design and construction contract forms are probably the most widely used contracts in the construction industry. They define the legal relationships between the Owner,

Conditions precedent must be proven.   An article in Florida Construction Update by Sanjo S. Shatley contains a detailed account of Fifth District Court of Appeal’s decision in Don Facciobene, Inc. v. Hough Roofing , Inc., Case Nos. 5DI5-1527, Ju

Liability does not extend to vendors supplying product information. A recent post on the Babst/Calland Construction Law Blog discusses an unreported decision by the U.S. District Court for the Eastern District of Pennsylvania in which the Court ruled

The court rejected the defendant’s claim he was unaware of the scope of the Act. The vastly expanded interpretation of what constitutes “navigable waterways of the United States” under the Clean Water Act (CWA) is often cited as an example of g

In the 21st century, it’s not enough to be great at your business if customers can’t find you. For many of those customers, the search begins online. Janet Quinn, CEO and owner of Ideagility (Portland, Ore.) understands this simple fact. “Ideag

By Don Wallis. Field operations cannot succeed without competent office support. According to Elizabeth Sanborn, chief operating officer at Independent Project Analysis, Inc., “about two-thirds of [construction] projects over $1 billion fail compar

A Minnesota decision explains the requirements for a successful common-enterprise defense. The workers’ compensation statute protects contractors by providing that an employee, or his family, who has received workers’ compensation under the provi

The reason why formal litigation in green construction is relatively rare. Green, or more precisely, sustainable construction, has for a number of years accounted for an increasing amount of the construction market both in terms of project starts and

Ninth Circuit holds that the District Court exceeded its discretionary powers. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) authorized the creation of a Superfund to remove polluted material from toxic waste sites