Kentucky Trial Court Rules Provision in MSD’s Construction Contract Violates Kentucky Fairness in Construction Act

G. Bruce Stigger and Jean M. Terry of the construction law firm of Manion Stigger successfully argued before the Jefferson Circuit Court that the “No-Damages-For-Delay” clause contained in the Louisville Jefferson County Metropolitan Sewer District’s (“MSD”) Standard Construction Contract was against public policy and unenforceable.

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Sustainable Design and the Evolving Standard of Care

“Green,” “sustainable design,” and “high performance” are merging in the design/construction context as terms synonymous with a process that is intended to benefit the environment, offer health and well-being to end users and provide long-term cost savings.  New certification systems attempt to define, and often place different parameters around, what is “sustainable.” Many of these requirements are finding their way from being voluntary to mandatory as they are being incorporated into various infrastructure projects, regulations, planning codes, and design requirements.  For example, in 2014, the District of Columbia adopted the 2013 D.C. Green Construction Code and 2013 D.C. Energy Conservation Code, which increased the types of projects subject to green requirements and heightened the green standards these projects must meet.

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Manion Stigger attorney certified Construction Insurance & Risk Specialist

Ask any contractor – liability insurance carriers are more than happy to accept premium payments for insurance policies.  But, then, what happens when the contractor has a claim that the contractor thinks should be covered by insurance?  More and more contractors learn after the fact that their insurance program does not provide the extent of coverage that they expected.  With industry lingo being tossed around like “your work exclusion,” “third-party over action exclusion endorsement,” “products and completed operations,”“exceptions to exclusions,” and “multiple Additional Insured endorsements through ISO”(can I still get broad form coverage?), it is little wonder that insurance coverage decisions frustrate and confuse many construction contractors and lead to insurance coverage disputes.  Don’t worry, contractors, you are in good company – many attorneys do not understand how CGL policies and the like work either.

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Kentucky Court Re-affirms The Existence of A Cause of Action For Negligent Breach of Contract

When there is a dispute between two parties, it can be difficult to determine whether the dispute is based on breach of contract or negligence.  Typically, this determination rests on the type of damages claimed.  Damages resulting from personal injury and or damage to property, other than the improvements themselves, are non-economic damages.  Damages to the work itself or ordinary contract damages are considered economic damages.  A plaintiff making a negligence claim resting on economic loss (not personal injury or property damage) can generally not recover.

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Contractor Default Insurance Explained by a Construction Law Attorney

For the mega-project, a construction manager or general contractor may consider alternatives to surety bonds for its subcontractors and trades. Bond premiums, scope overlap, and notice requirements make a defaulting subcontractor into a management nightmare. A popular alternative is contractor default insurance (sometimes referred to as subcontractor default insurance). Contractor default insurance is a first-party…

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The Dangers of Personal Technology and Electronic Discovery

Written communications are necessary to any well managed construction project.  Often, our thoughts and intentions are communicated electronically, either through email or text messages.  The purpose of written communications are twofold – to clearly express the position taken to the recipient and to create a record of the position taken.  To a lawyer, the record created is a potential exhibit in any litigation.

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Do I Really Need a Construction Lawyer for my Project?

We’re often asked why you need a Construction Lawyer for project or matter.  After all, the law is the law so what difference does it make if an attorney has a background in construction or just general business dealings? The truth is, construction projects are unique and involve many moving parts not found in other business dealings. Moreover, the laws applicable to construction projects are complex and sophisticated.  By retaining a construction law firm that works solely with these kinds of projects, a contractor can be sure that his interests are being pursued and defended to the full extent of the law.

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