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Differing Site Condition Defense Rejected
Performance Guarantees And Warranties
Notice of Claim Requirements
ConsensusDocs 301 BIM Addendum
Free Webinar: Contract Management in the Cloud
Free Webinar: Why Bond Forms Matter
AGC Outlook Survey
Construction SuperConference

Contract Management in the Cloud
December 3


Why Bond Forms Matter
December 16

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Vol. 1, No. 5 - November 2015
Differing Site Condition Defense Rejected
Court Affirms Denial of Contractor's Differing Site Condition Defense
Joseph T. Imperiale, Partner, & James M. Kwartnik Jr., Associate, Pepper Hamilton LLP

The Contractor encountered many difficulties during the construction of the tunnels, and the Project was significantly delayed as a result. When the Contractor failed to meet contractual deadlines, the County retained a new contractor to complete portions of the work. The County then sued the Contractor and its surety for default. The requirements of an affirmative representation as to site conditions and actual reliance on those conditions are not unique to Washington, and contractors should be cognizant of such requirements when claiming differing site conditions...

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Performance Guarantees And Warranties
Should You Agree to Provide Performance Guarantees & Warranties? It Depends on the Project Delivery Method
Jay R. Houghton, Senior Counsel, Smith Currie & Hancock LLP

When confronted by a project delivery method other than traditional design-bid-build, owners and contractors should consider carefully changes to the project’s risk profile.  One obvious risk on every project is whether the completed project will satisfy the owner’s performance requirements. Depending on the type of project being constructed, different project delivery methods are better than others in terms of...

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Notice of Claim Requirements
New York Appellate Court Weighs in on Notice of Claim Requirements
Christopher B. Kinzel, Senior Counsel, Peckar & Abramson P.C.

In this recent case, the contractor received a very favorable ruling despite its failure to comply with notice of claim provisions. The contractor entered into a trade contract with the owner to complete the concrete superstructure on a 34-story residential building in Brooklyn, N.Y.  After performing the work, the contractor sued...

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ConsensusDocs 301 BIM Addendum
ConsensusDocs Coalition Releases New and Improved ConsensusDocs Building Information Modeling (BIM) Addendum
The ConsensusDocs Coalition is publishing an updated ConsensusDocs 301 BIM Addendum, which was an industry-first document originally published in June 2008. The BIM revision working group was assembled from a diverse group of practitioners who were intimately familiar from the technical, legal, and risk management aspects of BIM. The new Addendum updates terminology and provisions to reflect current best practices in the rapidly changing world of BIM...

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Free Webinar: Contract Management in the Cloud
Free Webinar: Contract Management in the Cloud: ConsensusDocs & Bentley/EADO
December 3, 2015 • 2:00-3:00 pm ET

Traditional contract management is slowly but surely on its way out. Cloud collaboration is the wave of the future and provides a multitude of benefits for all project stakeholders. Two industry professionals will discuss the legal and technical considerations of moving your contracts and management processes to a cloud-based system...

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Free Webinar: Why Bond Forms Matter
Free Webinar: Why Bond Forms Matter: A Practical Guide to Better Bonding
December 16, 2015 • 2:00-3:00 pm ET  

Surety bonding is a critical component of risk allocation for many construction projects.  However, stakeholders often don’t understand the distinctions between commonly used bond forms and potential ramifications of those distinctions.  Our panel of industry professionals will discuss the importance of bonding, as well as...

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AGC Outlook Survey
Help us generate a comprehensive Outlook for 2016 by taking the survey today.
Each year around this time, AGC asks you -- our members -- to predict what next year will be like for your business. This year AGC has partnered with Sage to prepare questions that focus on expectations for market performance, hiring, labor market conditions, etc. Please take a moment to complete the survey. We will spend November...

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Construction SuperConference
What Do General Counsels Think, Ethically Speaking?
So, what do general counsels think, ethically speaking? At AGC sponsored  Construction SuperConference, Dec 7-9 in San Diego, CA, a prominent panel of in-house counsel will respond to scenarios and questions from private practice attorney deciding if something is permissible, ethical, or somewhere in between... 

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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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