Some industries have problems that happen again and again. Construction has a handful of things that go wrong so often that the U.S. Government created some if-then clauses that go into virtually every government-funded construction contract.
I am fond of saying “always get it in writing!”
What is “it?” Anything on which you intend to rely, including some thing as simple as a coffee date. An exchange of emails or text messages dramatically improves the likelihood that you and the other person will show up at the right place, on the right date and time.
Dusty Boilerplate no Longer.
The Force Majeure (“FM”) clause has long been regarded as one of those boring old boilerplate clauses that rarely get much attention during contract negotiations. I speak from personal experience!
Frank mentioned that the A.I.A. contract forms provide that the architect the owner of the copyright in the design of the project, even though the Project Owner (PO) is paying for the design. This means that the PO could face copyright infringement claims from the architect if the PO uses the design elsewhere.
I participated in the Idaho State Bar Real Property Section’s annual CLE program last week, and got even more value than I expected. Kudos to the section’s officers and to the ISB CLE staff.
David Williams is an attorney in the Salt Lake City office of Stoel, Rives, LLP. He is in their construction and design practice group. He wrote an article dated June … Continue reading Contracting in a Tight Labor Market