When is a Construction Contract Completed?

“Am I done with this job?” is a question often asked by contractors and design professionals upon completing their work. Well, until just recently, this was not an easy question to answer. First, there are those periods of continued responsibility spelled out in the warranties that may be requested or provided. These are generally for one year, but some could be as long as three years. Then there are certain statutes, commonly referred to as statutes of limitations, which define the period of time someone has to file suit. When it relates to some flaw in the design or construction ... Read more

The Indemnification Dance – Everyone is Doing It

Indemnity clauses are normally applied at all responsibility levels. The contractor is generally required to indemnify the owner and the subcontractor is then expected to indemnify the contractor and usually the owner. A typical clause looks something like this: To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner and Architect and their agents and employees from and against all claims, damages, losses, and expenses including but not limited to attorneys’ fees arising out of or resulting from the performance of the work, provided that such claim, damage, loss or expense (a) is attributable to bodily ... Read more

Subcontractor Death: Is Owner Liable?

A warehouse owner hired a subcontractor to paint his roof, a subcontractor who had been at the warehouse many times and knew that the roof had skylights. He was also well experienced working on roofs. Caution: Danger Ahead Before the work began, the owner of the warehouse specifically warned the roofer of the dangers associated with working around the skylights. The owner told him to use the safety lines on the roof and to stay clear of the skylights. The work began at 4:30 in the afternoon and continued into the night. When he was through for the day, the ... Read more