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The AIA Modifies Its Standard Form Subcontract
Once each decade, the American Institute of Architects (“AIA”) revises its standard form contract documents. This decade’s revision fell in October 2007 and the revisions included the AIA’s standard form agreement between a contractor and subcontractor. The changes to AIA A401-2007 contain major impacts to general contractors and subcontractors. Some of those changes are summarized in this article.
[Read More] 2007 AIA A201 General Conditions of the Contract for Construction: Proceed with Caution
On November 8, 2007, The American Institute of Architects ("AIA"), released its periodic revisions of the AIA family of documents. For those who may be thinking they will simply insert these revised documents in future contract negotiations, you do so at your peril. While some modifications reflect changes parties have been making for years to the 1997 form A201 general conditions, others raise more questions than they answer.
[Read More] California Subcontractors Cannot be Forced to Litigate, Mediate or Arbitrate Out-Of-State
Since 1991 the California Code of Civil Procedure has provided that contract provisions between a contractor and a subcontractor which require disputes between the parties to be “litigated, arbitrated, or otherwise determined outside this state” where the construction project is located within the state, are void and unenforceable. Now, a California court of appeals has held that this provision of the Code of Civil Procedure voids provisions in subcontracts requiring mediations to be held outside the State.
[Read More] Planning for the Costs of Producing Electronic Data in a Dispute
In a previous article, we discussed the double bind of using electronic mail to communicate in the business world. This article is a follow-up to that one and
suggests a contract provision to address the very significant costs that can be associated with producing electronic mail and other electronic documents in the event of a dispute.
[Read More]The Double Bind of Using E-Mail
Almost every business uses electronic mail to communicate with employees, customers, clients and suppliers. The use of e-mail and instant messaging has made commerce move more quickly. However, with every innovation comes new threats of liability as well. The courts and the legislature move more slowly in adopting rules to address new technology than does the business community. Though e-mail has been around since at least 1969, it is only now getting the attention of the courts.
[Read More] More Changes Coming to Home Improvement Arena
The California legislature continues to receive complaints about abuses taking place in the home improvement arena. As a result, additional informaton will be required to be contained in home improvement contracts as of July 1, 2005.
[Read More] Electrician Certification:
The Countdown Begins
[Read More] When the price of materials skyrockets, what can a contractor do?
Between February and March of 2003, steel prices rose 65% and according to a Washington Times articles, some products rose in price by as much as 200%.
[Read More] Who owns a design?
You might be surprised.
[Read More] AIA Issues New Contract Documents
On November 7, 2007 the AIA formally introduced 40 revised, new or renumbered contract documents and commentaries. The AIA touts its contract documents as the most widely used standard form agreements in the construction industry, a claim that is supported by an article appearing in the November 5 issue of Engineering News-Record entitled "AIA Forms Running Far Ahead of Rivals".
[Read More] Developers Now Required To Monitor Contractors’ Compliance With Labor Laws
On October 12, 2003, Gov. Gray Davis signed Senate Bill 179 into law. The new statute is noteworthy. It effectively requires developers and other users of contractors to carefully monitor the contractors' compliance with laws regulating the labor and services provided.
[Read More] Contractors and Insurance
Contractors May No Longer Advertise That They Are Insured Without Identifying The Type of Insurance In the Advertisement
[Read More] Trade Secrets: Inevitable Disclosure Doctrine Rejected
A recent California Court of Appeal decision rejects the inevitable disclosure doctrine. That doctrine enables an employer to obtain an injunction prohibiting a former employee from taking a job with a competitor where the former employee had access to his former employer’s trade secrets.
[Read More]
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