Earlier this May, we wrote about how the Alabama Supreme Court held that “hold harmless” and “indemnify” may be considered synonyms, even if the terms appear separately in a contract.
The court’s decision in Adams v. Atkinson, No. SC-2024-0528, 2025 WL 1416851 (Ala. May 16, 2025),was an important precedent at the time, as it
By now, you’ve likely seen news discussing how artificial intelligence (AI) is set to change the construction industry (and every other industry, for that matter). Typically, this discussion centers on improving business efficiency and cost savings. Many construction companies are predictably using AI to assist with project estimating, processing submittals and Requests for Information (RFIs)
Fluency in Incoterms® is helpful for any contractor or materials supplier engaged in international trade. Most recent articles discussing construction and international trade emphasize how tariffs can increase construction costs and create project delays. These discussions usually focus on mitigating the cost and time impacts of tariffs via escalation, force majeure, and other change-related provisions.
Does this sound familiar? Nearly every construction contract contains an indemnification provision with some variation of these terms. And if you have ever negotiated a construction contract, you know that indemnification provisions often feature in those discussions. But are the words “indemnify” and “hold harmless” an example of lawyers
Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction dispute, Mobile Infirmary does address a key component of risk shifting in construction contracts — the indemnity clause. Put simply, contractual indemnity is
How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property.
Lien laws vary widely from state to state and time to time because contractors and subcontractors frequently seek to change them – California is no exception. One particularly significant rule is