We are pleased to present you with Taft's Construction newsletter, a collection of insights from our team to yours.

Taft has been helping clients build their futures for more than 130 years. We are business attorneys who see the big picture. Our Construction Team has broad experience in the construction industry and can provide a solid legal foundation for the work you do. To learn more about our Construction practice, please visit our website at www.taftlaw.com.
NEWS

 
The Paradigm Shift on Risk in Construction
By: Joe Cleves

Many owners still rely on heavy-handed contracts to provide them with risk certainty. The goal is to reduce their risk by shifting it to designers and contractors.

While this approach has a certain logical appeal, it has the paradoxical result of increasing risk instead of eliminating it. A review of case law shows that careful drafting of contracts does not provide the imagined protection. The reason is found in the contradictory, unpredictable results that reported decisions reveal on provisions that either limit or shift liability.


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Don't Get Caught Assuming Construction Site Safety Obligations You Did Not Bargain For
By: Michael Meyer

Participants in a construction project typically understand the importance of precision in the drawings, plans and specifications, no matter the size or scope of the project. However, precise and clear language in the contract documents creating legal relationships between owners, contractors, subcontractors and construction managers is equally important. In other words, parties must be clear on what a contract requires and recognize any unexpected legal implications from seemingly customary and innocuous language.

Two recent Indiana cases, one from the Indiana Supreme Court and one from the Indiana Court of Appeals, demonstrate how seemingly similar language in two contracts can have vastly different meanings depending on the relationship between the contracting parties. A summary and comparison of these two cases follows.


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