Unless you are an attorney, the inside of the courtroom is probably the last place you want to conduct business. Only a very small percentage of construction claims actually make it to trial, but contract ambiguities account for a large number of those claims. In this week’s first case, a simple “N/A” in a standard AIA contract gave rise to an ambiguity in the contract’s arbitration clause.
In the second case, a concrete subcontractor objected to the state transportation department’s decision to use asphalt instead of concrete after it requested bids for each type of material. The sub had no standing to challenge the award, said an Ohio court.
And finally, an owner cannot hide behind its contractor’s sworn statement in a mechanic lien action by unpaid subcontractors, said the Illinois high court.
Also, WPL Publishing is gearing up for three webinars this week. If you haven’t yet signed up, there’s still time. On Tuesday and Thursday, we present a two-part webinar series entitled Latest Developments: $789 Billion Stimulus, How Contractors Can Benefit. On Tuesday, attorney Brian Waagner will moderate a panel that will discuss who will get money and how it will be spent. Attorneys from Akerman Senterfitt will follow up on Thursday to talk about some of the challenges for using stimulus money, such as the Buy American requirements, oversight rules, reporting requirements, and more. On Wednesday, we launch a four-part webinar series, Green Building Best Practices 2009. Wednesday’s session will address the USGBC’s 2009 updates to the LEED certification system. You can learn more about each session on our newly redesigned website, http://www.constructionclaims.com, and at http://www.greenbuild2009.com/GreenBuild2009Brochure.pdf.