Posts by Brett

Time Is of the Essence Clause

Time Is of the Essence Clause A Time Is of the Essence Clause (TOE) is language contained in a contract that specifies that a certain time or date is important. In effect, a time is of the essence clause is saying, “the times…

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Malpractice Statute of Limitations

  Malpractice Statute of Limitations applies to Breach of Contract Claims asserting Negligent Supervision but Indemnification Obligations Extend Time for Filing Suit Statute of Limitations for causes of action for negligent supervision and breach of engineering contract are both deemed…

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a/e ProNetwork News March 2020

a/e ProNetwork News March 2020 A federal district court in Wisconsin held that the contractual liability exclusion of a professional liability policy means that the policy only covers third party claims against an engineer and affords no coverage for claims…

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Design Build: Case Study

 Design Build Case Study: Design-Builder Unsuccessful in Suit against Engineering Sub-consultant for Cost Overruns As the design world inevitably moves towards a more symbiotic relationship between builder and design professionals, we will face more and more lawsuits involving the construction…

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Indemnity Clauses in Contracts

Indemnity Clauses in Contracts According to Brian K. Stewart, Esq. : Indemnity legal wording for a way to shift the risk for a particular problem that might arise on a construction project. The variety that we are concerned with for purposes…

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