More Contract Topics

As an educational tool, this section of the website provides briefings, papers and articles addressing issues arising out of design contracts and construction contracts. It also provides practical contract drafting tips and risk management comments and suggestions. Topics include the following:

Additional Insured

• Why a Project Owner Isn’t Made an Additional Insured Under a Design Professional’s Errors and Omissions Policy
• Why Project Owners Aren’t Made Additional Insureds under a Design Professional’s Errors and Omissions Policy – Zurich briefing
• more articles on Additional Insured

Breach of Contract or Negligence Claim?

• Framing professional negligence claim as breach of contract does not get around shorter statute of limitations period for negligence claims

Code Compliance

• A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care
• Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements
• Building Code Compliance – Zurich briefing

Contract Reformation

Differing Site Conditions

• Differing Site Conditions and Lost Productivity Entitle Contractor to Additional Compensation
• Differing Site Conditions: Can You Recover Increased Costs?
• Kent Holland’s article on Metcalf v. U.S. Metcalf Differing Site Condition decision- Zurich Briefing
• more articles on Differing Site Conditions

Economic Loss Doctrine

• Economic Loss Doctrine a Good Defense
• Economic Loss Doctrine Applied in Texas to Limit Tort Claims by Contractors against the Owner’s Design Professionals: Excellent Explanation of the Doctrine
• Economic Loss Doctrine Does Not Bar Contractor’s Negligence Claim against Architect Since There was no Contract (New Jersey law)
• more articles on Economic Loss Doctrine

Fiduciary Duty

• Design Professional Decreed to be Fiduciary of Project Owner

Implied Warranty of Specifications: Spearin Doctrine

• Contractor Wins Claim on Implied Warranty of Specifications

Indemnification Clause

• Duty to Defend – Design Professionals Should not Agree to Defend Clients
• more articles on Duty to Defend

Job Site Safety

• Kent Holland’s article on Site Safety and Responsibility.
• Kent Holland’s first video in his course on Jobsite Safety.
• more articles on Job Site Safety

Limitation of Liability Clause

Liquidated Damages

• Liquidated Damages Clause
• newsletter articles addressing liquidated damages

Pay When Paid

Pollution and Environmental Issues

• The Pollution Exclusion Applied to Construction Related Damages

Professional Standard of Care

• Professional Standard of Care definition and sample clauses
• newsletter articles referencing Professional Standard of Care

Third Party Claims

Time Limits

• Time Limits to File Suit