Ambiguity
Sloppy Drafting Needlessly Extends Litigation
July 9th, 2020
A crane operator was tragically killed when a beam being hoisted by the crane crashed onto the top of the cab. The beam fell because the sling selected for the load was inadequate. The sling had been selected by workers for the steel erection company…
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Contract Ambiguity Affected Accrual of Claim, and Statute of Limitations Analysis
June 2nd, 2018
A seemingly minor ambiguity in contract terms, probably unnoticed at the time, has affected the timeliness of a claim for construction defects. The contract was signed in 2008, after the 2007 updates to the AIA contract forms had been published. The…
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Categories: Construction
Change Orders – Be Clear on Intent
October 2nd, 2017
Just as clarity in contracting is a virtue, clarity with change orders is a must. Witness the dispute in an Ohio case, when the original and incorrect prevailing wage reference was revised via change order. The project was for renovation of housing u…
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