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Elmore Goldsmith

Blowing the Whistle on Public Construction and the False Claims Act

by Bryan P. Kelley, Elmore Goldsmith on August 14, 2017

Contractors hoping to take advantage of incoming infrastructure spending should implement False Claims Act protections now. While promises made during a presidential campaign can’t always be taken to the bank, the construction industry is nonetheless preparing for a rise in federally-funded projects based on the Trump campaign’s promise of increased infrastructure spending. Contractors taking on…

Topics: Featured, Legal
Elmore Goldsmith, False Claims Act, Government Construction

Initial Highlights of the 2017 Edition of AIA A201

by Leslie Sullivan, Elmore Goldsmith on July 11, 2017

As you may be aware, the American Institute of Architects (“AIA”) revises its main contract forms every ten years and has recently released the 2017 Editions of their contract forms, including the AIA A201 – General Conditions of the Contract for Construction. I’ve just finished an initial review of the new AIA A201 2017 Edition….

Topics: Business, Legal
AIA A-201, Elmore Goldsmith

Is Your Arbitration Clause Enforceable?

by Frank Elmore, Elmore Goldsmith on May 21, 2017

The South Carolina Supreme Court recently addressed the enforceability of an arbitration clause in a sales contract between a home buyer and a developer general contractor. Gregory W. Smith vs. D.R. Horton, S.C. Supreme Court Opinion No. 27645. The arbitration clause stated that the parties agreed to arbitrate any claim arising out of the construction…

Topics: Legal
Elmore Goldsmith, enforcability of arbitration clauses, Frank Elmore

The Duty to Defend in the Contractor’s CGL Insurance Policy

by Bryan P. Kelley, Elmore Goldsmith on March 16, 2017

The Commercial general liability (“CGL”) carrier’s duty to defend an insured contractor for a claim for defective construction can be a huge cost savings tool. But, contractors should be mindful of the benefits and hazards of tendering a defense to its carrier before doing so. What is the duty to defend? CGL insurance carriers generally…

Topics: Business, Legal
Bryan P. Kelley, CGL, Commercial General Liability Insurance, Elmore Goldsmith

Construction Contracts 101 – Key Terms and Provisions

by Bryan P. Kelley, Elmore Goldsmith on March 6, 2017

A construction contract can be a daunting document. It can be hundreds — if not thousands — of pages in length depending on the complexity of the project. In addition to the document that is signed by the parties, the full construction contract can include drawings, specifications, geotechnical reports, general conditions, special conditions, and other…

Topics: Featured, Legal
Construction Contracts, Elmore Goldsmith

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