Incorporation by Reference
Inconsistent Forum Selection Language Affected Enforcement
April 28th, 2020
Courts typically enforce forum-selection clauses unless there is a public policy reason not to do so. A New Jersey appellate court has refused to enforce a forum selection clause when the contract terms were ambiguous. The Pike Company contracted wit…
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Categories: Construction
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
Additional Insured Status Can Arise Indirectly by Lease (or other Written Contract)
September 29th, 2017
Decisions in two separate courts have come to the same conclusion: additional insured status can be conferred via (1) a contract – which was a lease, in each of these cases – requiring Party A to be designated as an additional insured on Party Bâ…
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How Do Additional Insured Obligations Work with Subcontract Flow-Down Clauses?
March 23rd, 2017
They don’t. Unless the subcontract is carefully drafted, that is. So where the prime contract required the owner to be named as an additional insured, and the subcontract flow-down clause passed along the GC’s obligations to the owner, as the sub…
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ASTM Standards Incorporated into Law Are Still Protected by Copyright
February 9th, 2017
Considering the competing interests of access to laws and copyright protection, a federal court has come down, in this instance, in favor of copyright protection. Despite efforts of some organizations to simplify the issues in order to criticize the…
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Categories: Construction