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New AGC Construction Law Newsletter
Beware of GC Proposing a Design Solution
Communications
Statute of Repose Limits an Indemnity Claim
Commissioning Authority Agreement by ConsensusDocs
P3s Tipping Point?
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Vol. 1, No. 1 December 3, 2014
Welcome to AGC's Construction Law in Brief
New AGC Construction Law Newsletter
Brian Perlberg, AGC Sr. Counsel

I am excited to announce a new newsletter geared to provide AGC members concise and useful information regarding construction law and contract information that impacts your risk profile.  We have partnered with some of the best construction law firms in the country to provide you with up-to-date best practice information. The AGC Construction Law in Brief newsletter will be published every other month.

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Contractor Liability
Beware of GC Proposing a Design Solution
Kristopher Berr, Associate, Pepper Hamilton LLP

American Towers LLC (“American Towers”), which operates wireless and broadcast communications towers, undertook a project to construct a cell tower in Prestonburg, KY, along with a tower compound and access road.  American Towers selected BPI, Inc. (“BPI”) as general contractor for the project, and the parties executed a contract.

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Electronic Communications and Documentation
Communications
Gene Heady, Partner, Smith, Currie & Hancock LLP.
Modern construction contracts frequently acknowledge that the parties will communicate electronically, and many contracts provide specific protocol for the transmission and sharing of electronic information.  The electronic exchange of project information can provide substantial benefits to the . . .

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Statute of Repose
Statute of Repose Limits an Indemnity Claim
Michael S. Zicherman Partner & Frank A. Hess, Sr. Counsel of Peckar & Abramson P.C.
When a general contractor (GC) or construction manager (CM) is sued due to its subcontractor’s defective work or a subconsultant’s professional negligence, the general contractor or construction manager will naturally protect itself by asserting claims for indemnity and contribution against the sub. However, all claims against the sub could be barred due to the expiration of the statutes of limitations or repose, measured from the last date the sub performed work on the project.

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Commissioning Authority
Commissioning Authority Agreement by ConsensusDocs
ConsensusDocs
The ConsensusDocs Coalition published a new, first of its kind, contract for projects using commissioning services. The ConsensusDocs 820 Owner and Commissioning Authority Agreement provides fair language for Owners to use when procuring commissioning services to verify building system performance. The new contract also establishes the rights and obligations of the professional who will serve as the Commission Authority

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