Daniel Cashmore’s Post

To avoid facing an uninsured claim, construction professionals must ensure their collateral warranties are carefully and precisely worded. In this article, our experts look at the key takeaways from two significant legal cases, and discuss collateral warranty best practice: https://lnkd.in/gz-vk4s2

Construction Litigators: This CLE will cover causation, which is generally described as the cause-and-effect link between an action or inaction by one party, and the resultant impact to another. The causal element that is required in establishing entitlement can be challenging and is sometimes viewed as the ‘black box’ when making a loss of productivity claim. https://buff.ly/3VmJsFt

Pro tip: Make *sure* a proposed construction schedule is included as an exhibit to every construction agreement-- especially if there is a liquidated damages clause.

The case of Trusted Building Group Pty Ltd v Everitt involved a construction contract dispute where the Court ruled in favour of the defendants, striking out the builder's claim and entering summary judgment for the owners on their Cross-Claim for defective works, with damages assessment to be determined later. Read more about "Fail to Prepare (or Turn Up) & You Prepare to Fail" with David Collins here: https://lnkd.in/gkXdnjew #Buildingandconstruction #Contractdispute #Terminationofcontract

This is required viewing for any #building #contractor. Building Disputes Tribunal Director, John Green shares the most common causes of building disputes. Click below to learn more: https://lnkd.in/eqXMQeFH #BuildingDispute #Builders #Construction #BDT

Dreading your next audit? We get it — it’s a nightmare for all construction companies. 😱 Fear not! Forget the last-minute scramble; Lumber has your back! Ditch the chaos and let us handle the heavy lifting. Lumber automatically generates all the reports you need, so you can sit back and relax. No panic required. ✅ #LumberMeme #ConstructionAudit #StayCalm #LumberToTheRescue

Unfortunately, the building and construction industry remains one of the main areas impacted by severe economic conditions. This means there is a good chance that someone you are dealing with on a project goes into external administration. Knowing how to respond appropriately can help you salvage a difficult situation. In this upcoming webinar, Chris Hargreaves (Special Counsel) and Kelly Simon (Lawyer) will discuss the various forms of external administration and how to respond to each, and some uncommon ways to try and salvage problem situations arising from external administration. Register with the link below. https://lnkd.in/gEU_ZdGD

Protect Your Work with Construction Liens Construction liens are a powerful tool for ensuring you get paid. We guide you through the lien process, from filing to enforcement, to secure your rightful earnings from construction projects. Call to Action: Protect Your Rights: 336-888-8760 wrholcomblaw.com #ConstructionLaw #BusinessAttorney #GreensboroAttorney #Holcomblaw

We’ve come a long way from the days when construction would begin with a simple handshake: “Sure, I’ll build your barn for you. Let’s see, that will be $1,000 including the wood.” “OK. Deal.” Handshake. A few days or weeks later, barn is up, the $1,000 has changed hands, and everyone is happy. Just imagine that scenario today! Contracts have become very complicated, with teams of lawyers sweating over the language so that every single possible eventuality is covered in detail. We asked our AWCI contractors to share negative repercussions they have experienced from contract language. Here’s what we learned. https://lnkd.in/ge2hdQpD #AWCI24 #AWCIMedia #construction #walls #ceilings #contracts

In a construction project, there is usually no contractual relationship between the subcontractor and the employer, since the sub-contractor is appointed by the main contractor. In a dispute, can a sub-contractor make a claim against the employer? Read our latest #CaseSpotlight on the case of Bauer v Hundred Vision Construction on the legal intricacies of quantum meruit. Read more at https://lnkd.in/gEn8exte #KeepingItBrief