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The Contract You Thought You Made: The Express Negligence Doctrine (Part 1) ( February 2003 )
You have negotiated a good deal with the "other side" and secured management approval to enter the deal. However, even though you may have included in meticulous detail various provisions that protect your company, there is the nagging issue of whether or not these clauses are enforceable under the laws of a particular jurisdiction. The drafter of any contract should pay close attention to the applicable or governing law that is agreed by the parties. -
Indemnification Provisions Held Not Applicable to CERCLA Claims ( January 2001 )
In the case Fina v. ARCO, 200 F.3d 266 (5th Cir. 2000), the United States Court of Appeals for the Fifth Circuit. -
State and Local Contracting: Significant Opportunities and Risks ( February 2000 )
This article discusses a number of opportunities in the state and local contracting area. However, as the author discusses, there are a number of risks involved in this market due to the lack of uniform rules and regulations. -
Limiting Educational Institutions' Exposure to Liability ( September 1999 )
As owners of property, school districts and community colleges are spending millions of dollars annually to. -
Indemnity and Additional Insureds ( April 1998 )
Two recent cases are of interest in interpreting indemnity agreements and additional insured endorsements.First, in. -
Creating the Design/Build Team ( June 1996 )
This detailed article considers the various options in organizing the design/build team, considering various parties and the roles each may play under each team structure.
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