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In This Issue
CM Held to Have Design Risk
Collecting Judgments Across State Lines
Indemnity and Hold Harmless Clauses
New Agreement for Testing Hazardous Waste
Refinalization Tool From ConsensusDocs
Views expressed in this newsletter are not necessarily those of AGC
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05/29/2015
CM Held to Have Design Risk

James Hollyday, Pepper Hamilton LLP, Partner

The Massachusetts Superior Court (County of Worcester) held in Coghlin Electrical Contractors, Inc. v. Gilbane Building Co. and Travelers & Surety Company of America decided on June 24, 2014 that a Construction Manager at Risk (CMR) assumed responsibility for design changes (1) based on the Construction Manager’s duty under the contract to review design documents during the preconstruction phase of the Project and (2) based on the broad indemnification provision in the contract.  The case is now on direct appeal to the Massachusetts Supreme Judicial Court, Docket No. SJC-11778.  Oral argument was held on March 2, 2015. 

The case has far-reaching implications because if the decision is upheld…

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Collecting Judgments Across State Lines

Joseph Dinardo, Smith Currie & Hancock, LLP, Partner 

In recent years, many in the construction industry have found themselves in the situation of having obtained a judgment against an owner, general contractor, or subcontractor in one state only to find out that the debtor has moved its operations or assets to another state to avoid its creditors.  While this is an unavoidable challenge when working in different states, there are four basic steps a business can take to help ensure that its foreign judgment can be collected across state lines...

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Indemnity and Hold Harmless Clauses

Ralf Rodriquez, Peckar & Abramson P.C., Partner

At its most basic level, indemnification is the concept of allocating or shifting risks, both anticipated as well as unforeseen, that may arise in the performance of a contractual agreement or other relationship.  The person agreeing to indemnify (the “indemnitor”) assumes the obligation to compensate or otherwise make whole another party (the “indemnitee”) in the event they suffer a loss as a result of some event or the performance of a contract.  Parties should not rely on a common law indemnification claim, and should take care to include…

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New Agreement for Testing Hazardous Waste


Brian Perlberg, ConsensusDocs, Executive Director


Today, the ConsensusDocs Coalition is publishing a new standard contract for testing laboratory services specifically designed for testing hazardous waste. Contractors are often required to retain independent testing lab services. Since lab service contracts, particularly hazardous testing services, present unique issues, a standard contract should help provide consistency in the industry.

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Refinalization Tool From ConsensusDocs


When using the ConsensusDocs Technology Platform, if you finalize a contract but realize additional changes are needed, you can now unfinalize and refinalize a contract up to five times (except for the Express Per Doc package which allows one refinalization) at the click of a button. Read more about this and other features in the ConsensusDocs
User Guide.

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Views expressed in this newsletter are not necessarily those of AGC

The views expressed in this newsletter are not necessarily those of AGC. Readers should not take or refrain from taking any action based on any information contained in this newsletter without first seeking legal advice.

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