50 State Survey of Key Issues related to Construction & Engineering Contracts

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Enforceability of Limitation of Liability Clauses

Authors: Paige Fason, Amanda Sin and Brittney Weisner​

Enforceability of Waiver of Consequential Damages Clauses

Authors: Emma Devaney and Evan Kappatos

Application of Economic Loss Doctrine

Authors: Magdalene Eallonardo and James Timko

Enforceability of No Damages for Delay Clauses

Author: Stephanie Rolfsness​

Strict Interpretation of Contract

Authors: Kyle Case and Henry Taylor

Prompt Payment Requirements (Public/Private)

Author: Thomas Dossey

False Claims Statute

Authors: Robert Cimmino and Thomas Padian

Licensing Requirements for Construction Managers

Authors: Kristopher Hiser and Jacob Kucharski

This content i) is for informational purposes only and does not constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship.  You should not rely on any such content without consulting a licensed attorney.  Any opinions expressed herein are solely those of the author.

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Welcome to the Watt, Tieder, Hoffar & Fitzgerald, L.L.P. Fifty State Survey of Key Issues Related to Construction and Engineering Contracts, for your desktop, laptop or mobile device. This manual is an ideal resource for anyone working in the construction industry that needs quick information concerning construction or engineering contract issues.

This content was last updated on January 1, 2021 and:  i) is for informational purposes only and does not  constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship.  You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues.  For any questions and concerns, the specific statutes and cases from the individual states as well as the advice of legal counsel should be obtained.  Any opinions expressed herein are solely those of the individual author.

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Enforceability of Limitation of Liability Clauses

U/A – Unanswered – please refer to the full text
N/A – No Authority
No (pub) – Please refer to full text for private contracts

*This content was last updated on January 1, 2021 and: i) is for informational purposes only and does not constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship. You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues. For any questions and concerns, the specific statutes and cases from the individual states as well as the advice of legal counsel should be obtained. Any opinions expressed herein are solely those of the individual author.

Enforceability of Waiver of Consequential Damages Clauses

U/A – Unanswered – please refer to the full text
N/A – No Authority
No (pub) – Please refer to full text for private contracts

*This content was last updated on January 1, 2021 and: i) is for informational purposes only and does not constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship. You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues. For any questions and concerns, the specific statutes and cases from the individual states as well as the advice of legal counsel should be obtained. Any opinions expressed herein are solely those of the individual author.

Application of Economic Loss Doctrine

U/A – Unanswered – please refer to the full text
N/A – No Authority
No (pub) – Please refer to full text for private contracts

*This content was last updated on January 1, 2021 and: i) is for informational purposes only and does not constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship. You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues. For any questions and concerns, the specific statutes and cases from the individual states as well as the advice of legal counsel should be obtained. Any opinions expressed herein are solely those of the individual author.

Enforceability of No Damages for Delay Clauses

U/A – Unanswered – please refer to the full text
N/A – No Authority
No (pub) – Please refer to full text for private contracts

*This content was last updated on January 1, 2021 and: i) is for informational purposes only and does not constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship. You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues. For any questions and concerns, the specific statutes and cases from the individual states as well as the advice of legal counsel should be obtained. Any opinions expressed herein are solely those of the individual author.

Strict Interpretation of Contract

U/A – Unanswered – please refer to the full text
N/A – No Authority
No (pub) – Please refer to full text for private contracts

*This content was last updated on January 1, 2021 and: i) is for informational purposes only and does not constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship. You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues. For any questions and concerns, the specific statutes and cases from the individual states as well as the advice of legal counsel should be obtained. Any opinions expressed herein are solely those of the individual author.

Prompt Payment Requirements (Public/Private)

U/A – Unanswered – please refer to the full text
N/A – No Authority
No (pub) – Please refer to full text for private contracts

*This content was last updated on January 1, 2021 and: i) is for informational purposes only and does not constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship. You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues. For any questions and concerns, the specific statutes and cases from the individual states as well as the advice of legal counsel should be obtained. Any opinions expressed herein are solely those of the individual author.

False Claims Statute

U/A – Unanswered – please refer to the full text
N/A – No Authority
No (pub) – Please refer to full text for private contracts

*This content was last updated on January 1, 2021 and: i) is for informational purposes only and does not constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship. You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues. For any questions and concerns, the specific statutes and cases from the individual states as well as the advice of legal counsel should be obtained. Any opinions expressed herein are solely those of the individual author.

Licensing Requirements for Construction Managers

U/A – Unanswered – please refer to the full text
N/A – No Authority
No (pub) – Please refer to full text for private contracts

*This content was last updated on January 1, 2021 and: i) is for informational purposes only and does not constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship. You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues. For any questions and concerns, the specific statutes and cases from the individual states as well as the advice of legal counsel should be obtained. Any opinions expressed herein are solely those of the individual author.

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50 State Survey of Key Issues related to Construction & Engineering Contracts

Welcome to the Watt, Tieder, Hoffar & Fitzgerald, L.L.P. Fifty State Survey of Key Issues Related to Construction and Engineering Contracts, for your desktop, laptop or mobile device. This manual is an ideal resource for anyone working in the construction industry that needs quick information concerning construction or engineering contract issues.

This content was last updated on January 1, 2021 and:  i) is for informational purposes only and does not  constitute legal advice; and, ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship.  You should not rely on any such content without first consulting a licensed attorney familiar with your particular facts and legal issues.  For any questions and concerns, the specific statutes and cases from the individual states as well as the advice of legal counsel should be obtained.  Any opinions expressed herein are solely those of the individual author.

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