We are pleased to present you with Taft's Construction newsletter, a collection of insights from our team to yours.

Taft has been helping clients build their futures for more than 130 years. We are business attorneys who see the big picture. Our Construction Team has broad experience in the construction industry and can provide a solid legal foundation for the work you do. To learn more about our Construction practice, please visit our website at www.taftlaw.com.

The Paradigm Shift on Risk in Construction
By: Joe Cleves

Many owners still rely on heavy-handed contracts to provide them with risk certainty. The goal is to reduce their risk by shifting it to designers and contractors.

While this approach has a certain logical appeal, it has the paradoxical result of increasing risk instead of eliminating it. A review of case law shows that careful drafting of contracts does not provide the imagined protection. The reason is found in the contradictory, unpredictable results that reported decisions reveal on provisions that either limit or shift liability.

>> Read More

Don't Get Caught Assuming Construction Site Safety Obligations You Did Not Bargain For
By: Michael Meyer

Participants in a construction project typically understand the importance of precision in the drawings, plans and specifications, no matter the size or scope of the project. However, precise and clear language in the contract documents creating legal relationships between owners, contractors, subcontractors and construction managers is equally important. In other words, parties must be clear on what a contract requires and recognize any unexpected legal implications from seemingly customary and innocuous language.

Two recent Indiana cases, one from the Indiana Supreme Court and one from the Indiana Court of Appeals, demonstrate how seemingly similar language in two contracts can have vastly different meanings depending on the relationship between the contracting parties. A summary and comparison of these two cases follows.

>> Read More

Construction Insight is used to inform our clients and friends of significant new developments and current issues in construction law. For more information about Taft Stettinius & Hollister LLP, please visit http://www.taftlaw.com.

These materials have been prepared by Taft Stettinius & Hollister LLP for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. No person or organization should act upon this information without first seeking professional counsel.

We cannot and do not represent you until our client intake process is completed. Further, we reserve the right to accept or decline representing any person or organization in any matter. Accordingly, please do not send us any confidential information about any matter until you receive a written statement from us advising you that we represent you (an "engagement letter"). When you receive an engagement letter from one of our attorneys, you will be our client, and we may exchange confidential information freely. Again, do not send us unsolicited confidential information until you speak with one of our attorneys and get authorization to send that information to us.

Some aspects of this Web site may allow you to register for newsletters, events, functions, or seminars hosted by, sponsored by, or associated with Taft Stettinius & Hollister LLP. The transmission or receipt of any information related to registration for any event or service does not create an attorney-client relationship.

Taft Stettinius & Hollister LLP's Web site and associated materials may provide links to other websites that may be useful or informative.These links to third party sites or information are not intended, and should not be interpreted by readers, as constituting or implying our endorsement, sponsorship or recommendation of the third party information, products or services found there.

The following statement is required by many states, including Kentucky: "THIS IS AN ADVERTISEMENT."