Express Indemnity and the Anti-Indemnity Statutes

Construction projects are full of risk, involving numerous individuals, large machinery, hazardous chemicals, and, frequently, are relatively open to affect the public at-large.  Damages and liability can be more complicated than simply the one bad actor or actors being held responsible for their own bad acts.  Project participants who were not directly responsible may nonetheless be held liable. However, project participants can attempt to manage and transfer these risks through express indemnity provisions in their construction contracts.

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How to Avoid the Most Common Construction Contract Disputes

In a perfect world, a written contract delineates each party’s rights and duties, thereby eliminating the possibility for a misunderstanding.  We do not, however, live in a perfect world.  Construction contracts in particular are all too often the subject of controversy.  The majority of claims on construction projects stem from scope of work issues, i.e.…

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Manion Stigger Attorneys to Present Construction Law Seminar

On October 15, 2015, the construction law attorneys at Manion Stigger will be presenting for a seminar on Construction Law. This all-day session will provide insight on common legal issues faced on construction projects and provide contractors, subcontractors, construction managers, design professionals, owners, and other construction professionals with tools to combat and prevent these issues.  The course will include presentations by construction law attorneys A.J. Manion, G. Bruce Stigger, Tony Fehrenbacher, Jean M. Terry and Daniel E. Fuchs.

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The Traveling Contractor – Does my Worker’s Compensation policy cover me?

Worker’s Compensation coverage is a subject that is often out of sight and out of mind for many contractors.  But when a contractor takes a project in another state, Worker’s Compensation coverage should be front and center for consideration.  Few contractors realize that their Workers’ Compensation policy may not respond to employee-related injuries arising from those out-of-state projects.

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Record Retention and Destruction Policies Are Key Tools to Managing Risk in your Construction Business

Our discussion of how personal devices can become problematic during the discovery phase of litigation is a perfect example of the necessity of the development and implementation of a Record Retention and Destruction policy.  With today’s vast electronic capabilities, contractors have the ability to retain every document, every email, every drawing, every text message, etc. regarding their projects.  However, retaining all these records is not only expensive and arduous but could also open up your company to potential legal liability.

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The Importance of Client Education

As construction attorneys, we relish the opportunity to vigorously defend our clients in the courtroom.  As risk management lawyers, however, we work very hard to make sure clients can avoid litigation.  A key component of our risk management practice is to educate our clients about the intricacies of construction law in such a manner that the material is accessible and easily put into place on a variety of construction projects.  Most contractors know their area, but could be completely unfamiliar with the minutiae and complexity of contracts, zoning boards, risk management, OSHA regulations, and other potential construction risks. At Manion Stigger, we take the time to educate our clients on how best to navigate these matters so the client can be in control of their project while still getting expert guidance.

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