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The uniform location of subject matter should guide information placement

Construction contracts typically include several components. Key business terms are found in the agreement form, which are then modified by the general and supplementary conditions and the drawings and specifications. In addition, key contract-related information is sometimes included in bidding documents, such as instructions to bidders and bid forms. For years, there was no generally … Continue reading

Should you waive your right to a jury trial?

Although few disputes between clients and professionals are resolved through litigation, many clients demand that the design professional contractually waive any future right to litigate before a jury. Clients often want to set up a dispute resolution process that ends with a bench trial—allowing a judge to both decide the facts and apply the law … Continue reading

Papers available from Invited Attorneys meeting

For 54 years, Schinnerer has provided defense attorneys and in-house counsels and risk managers with an annual conference to discuss both legal and professional practice developments. In 2015, this two-day continuing education program was held from May 28-29 in Scottsdale, Arizona. Participation in this conference is by invitation only, but the end-result of this meeting … Continue reading

Opinions of cost

An insured recently asked us for advice in response to his client’s request for an estimate of construction costs. I suggested that instead of providing a “cost estimate,” which may indicate a commitment that the project can be constructed for that “estimate,” it would be preferable to offer to provide an “opinion of probable costs.”  … Continue reading