In the last few weeks, every contract I’ve reviewed has included the waiver of a jury trial.  I used to see them now and then, but the prevalence of them recently seems a new development to me.  While I don’t believe the provision creates a coverage issue, it has me scratching my head… Read More

It is commonplace for a liquidated damages clause to be contained in an Owner/Contractor agreement.  This makes sense because the completion date is generally significant to an owner, and the contractor has submitted a price for their work and has agreed in their contract to a completion date.   By the time the contractor is awarded the contract, they usually have the contract documents, and they have used them to price the job and complete a construction schedule.  Once a notice to proceed is issued to the contractor, the contractor controls the schedule… Read More

BSA Project Management Roundtable: The Control of Risk  January 27, 202212:00 PM - 1:00 PM Mike Herlihy, Executive Vice President with Ames & Gough will present The Control of Risk. This is a general overview of Risk Identification and Management. The kinds of...

Here’s the scenario: An issue arises during construction that originates from a design problem, and as a result, there will be an associated change order by the contractor. Although this situation has not given rise to a formal claim, the firm believes the costs associated with the change order are likely to be well within the standard of care or the professional liability deductible.