Construction Law Blog

The ability to enforce mechanic’s liens rights depends on careful consideration before, during, and after construction. The following ten issues reflect some of the more common issues that arise with liens on construction projects.

Most design and construction contracts contain “dispute resolution” provisions.  Some contracts state that the parties must “mediate” a dispute before “litigation” or “arbitration.”  Through mediation, the parties attempt to resolve their dispute with the assistance of a mediator.  The mediator is not a decision-maker.  Rather, the mediator assists the parties through facilitating a negotiation.  Some mediators will offer their opinion regarding the likely outcome if the case isn’t resolved through negotiation.  Neither party can be forced to settle the ...

Sometimes referred to as “hold harmless” provisions, the indemnification section of a design or construction contract can have profound legal consequences.  The concept of indemnification is not complicated—indemnification is an agreement to assume a specific liability, potential or actual, of another party in the event of a loss.  It involves shifting risk from one party to another—essentially as insurance.  When a contractor or design professional indemnifies a client, she or he assumes some or all of the client’s potential or actual legal liabilities, which may ...