In litigation, courts view the failure to take discovery obligations seriously, such as failing to preserve electronically stored information.

A pending federal copyright infringement lawsuit may be of particular significance for plumbing design professionals.

Understanding waivers of subrogation and their effect on the contractor and subcontractor allows parties to construction contracts to better allocate their risk and negotiate the contract price. It is crucial to consult insurers before entering into such an agreement.

When it comes to arbitration in a contract dispute, it is important to remember to read the contract. Courts give parties wide latitude to structure their own arbitration agreement. Parties may agree on arbitration as a method of dispute resolution, the specific rules to be followed and the scope.

Looking back to a case from 1973, Steven Nudelman explains this negligence claim where a contractor was forced to pay for additional materials and labor because of an architect’s errors and omissions.

This case deals with arbitration and interprets certain provisions of a standard contract document published by the American Institute of Architects. While it involved a construction contract, the principles are also applicable to design professional contracts.

If you have an express contract with a construction firm, make sure you follow the terms carefully in order to get paid. Read on to see the differences between express contracts and implied contracts.

When confronted with a subordination clause in a construction contract, contractors will receive conflicting advice from lawyers and business managers. If the clause is legal in a contractor’s jurisdiction, he’ll need to consider whether it is worth it to antagonize a client.

In part, implied warranties ensure that homebuyers are protected from poor-quality construction. Make sure your contracts do not have lopsided waivers and provisions that make them unfair to your customers.

Dispute resolution of construction contracts, design professional contracts and other related documents often comes through arbitration or litigation. Dispute resolution clauses should be drafted carefully, consistent with applicable law, to include arbitration if so desired.