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Recent Posts

VENUE PROVISIONS – READ WHAT YOU SIGN!

Posted on 16 November, 2012
Venue provisions, also known as forum selection provisions, are commonly included in contracts. These provisions state that if there is a dispute arising out of or relating to the contract, the dispute must be brought in the exclusive venue of a certain locale. (For...

THE ENFORCEABILITY OF TERMINATION FOR CONVENIENCE PROVISIONS

Posted on 8 November, 2012
Termination for convenience provisions are common in construction contracts, whether it’s a contract between an owner and a general contractor or a general contractor and a subcontractor. These provisions allow either a general contractor, by way of example, to terminate its subcontractor for...

INTERFERING, EXISTING UNDERGROUND UTILITIES

Posted on 27 October, 2012
Horizontal projects (public roadway projects and other infrastructure improvements, etc.) often require the identification and relocation of existing underground utilities. The underground utility company / owner is typically notified of the project (and the plans for the project) so that it can identify and relocate...

TRANSFERRING A LIEN TO A LIEN TRANSFER BOND DURING A LIEN FORECLOSURE LAWSUIT

Posted on 18 May, 2012
When a construction lien is recorded, the lien can be transferred to a lien transfer bond (thereby removing the encumbrance or cloud on the property caused by the lien).   The procedure to transfer a lien to a...

INDEMNITY AGREEMENTS BETWEEN A SURETY AND ITS BOND PRINCIPAL

Posted on 15 May, 2012
Sureties that issue contractors payment and/or performance bonds obtain indemnity agreements with the contractor, or bond principal, prior to issuing such bonds. These indemnity agreements, besides requiring the bond-principal contractor to indemnify, defend, and hold harmless the surety in the event a claim is submitted...