Contract Interpretation

Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer AgreementIn March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to complete 30% designs. In Arco Ingenieros, S.A. DE C.V. v. CDM International Inc., a Salvadoran contractor entered into a design-build agreement

On January 25, 2019, a Florida appellate court certified the following question to the Florida Supreme Court:

WHERE A CONTRACT EXPRESSLY REQUIRES A PARTY TO INSPECT, MONITOR, AND OBSERVE CONSTRUCTION WORK AND TO DETERMINE THE SUITABILITY OF MATERIALS USED IN THE CONSTRUCTION, BUT THE PARTY FAILS TO DO SO AND INFERIOR MATERIALS ARE USED, ARE

Is the EU in Your Contracts (and You Don’t Know It)?For those firmly in the sights of the EU’s General Data Protection Regulation (GDPR), the enforcement date of May 25, 2018, is likely indelibly embedded in their minds. For others, this date may have come and gone without significance, other than perhaps an increased general buzz about GDPR as companies across the globe wrestled with