Survival of AIA provisions

RC
RPPTL CLC-Discussion
Thu, Mar 17, 2022 9:48 AM

From the Owner's perspective, there are numerous provisions in the AIA which need to "live on" after completion of the project - i.e., indemnity, warranties.  Is it necessary to insert a general survival provision, or where these items are later litigated is there an assumption that the provisions survive completion?

[cid:image001.png@01D719A9.38D8D1E0]
Mark J. Lynn, Esq.
GREENSPOON MARDER LLP
Partner
200 East Broward Boulevard, Suite 1800
Fort Lauderdale, FL  33301
Main:  (954) 491-1120 x 1332
Direct:  (954) 734-1835 |  Fax:  (954) 213-0072
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>From the Owner's perspective, there are numerous provisions in the AIA which need to "live on" after completion of the project - i.e., indemnity, warranties. Is it necessary to insert a general survival provision, or where these items are later litigated is there an assumption that the provisions survive completion? [cid:image001.png@01D719A9.38D8D1E0] Mark J. Lynn, Esq. GREENSPOON MARDER LLP Partner 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, FL 33301 Main: (954) 491-1120 x 1332 Direct: (954) 734-1835 | Fax: (954) 213-0072 mark.lynn@gmlaw.com<mailto:rosy.lopez@gmlaw.com> www.gmlaw.com<http://www.gmlaw.com/> GREENSPOON MARDER LLP LEGAL NOTICE The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, "written advice" as defined in Section 10.37 of Treasury Department Circular 230. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.
RC
RPPTL CLC-Discussion
Thu, Mar 17, 2022 11:46 AM

I wouldn’t say it’s necessary since these provisions by their very nature are intended to apply - exclusively in the case of the warranty - once the work is completed.  But hey, belt-and-suspenders is our stock in trade, no?

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Reese J. Henderson, Jr.
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On Mar 17, 2022, at 5:53 AM, RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org wrote:


This message originated outside of GrayRobinson.


From the Owner’s perspective, there are numerous provisions in the AIA which need to “live on” after completion of the project – i.e., indemnity, warranties.  Is it necessary to insert a general survival provision, or where these items are later litigated is there an assumption that the provisions survive completion?

[cid:image001.png@01D719A9.38D8D1E0]
Mark J. Lynn, Esq.
GREENSPOON MARDER LLP
Partner
200 East Broward Boulevard, Suite 1800
Fort Lauderdale, FL  33301
Main:  (954) 491-1120 x 1332
Direct:  (954) 734-1835 |  Fax:  (954) 213-0072
mark.lynn@gmlaw.commailto:rosy.lopez@gmlaw.com
www.gmlaw.comhttp://www.gmlaw.com/

GREENSPOON MARDER LLP LEGAL NOTICE
The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail.

Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, "written advice" as defined in Section 10.37 of Treasury Department Circular 230.

A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you.


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I wouldn’t say it’s necessary since these provisions by their very nature are intended to apply - exclusively in the case of the warranty - once the work is completed. But hey, belt-and-suspenders is our stock in trade, no? Sent from my iPhone Reese J. Henderson, Jr. Shareholder Florida Bar Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil Mediator T 904-598-9929 D 904-632-8459 F 904-598-9109 [Mail To]<mailto:Reese.Henderson@gray-robinson.com>[Bio]<https://www.gray-robinson.com/attorneys-professionals/reese-j-henderson-jr>[GR Twitter]<https://twitter.com/grayrobinsonlaw>[GR Facebook]<https://www.facebook.com/GrayRobinsonLaw>[GR LinkedIn]<https://www.linkedin.com/company/grayrobinson-p-a-> GrayRobinson, P.A. ▪ 50 North Laura Street, Suite 1100, Jacksonville, Florida 32202 [GrayRobinson Logo]<http://www.gray-robinson.com> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. On Mar 17, 2022, at 5:53 AM, RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.org> wrote:  This message originated outside of GrayRobinson. ________________________________ From the Owner’s perspective, there are numerous provisions in the AIA which need to “live on” after completion of the project – i.e., indemnity, warranties. Is it necessary to insert a general survival provision, or where these items are later litigated is there an assumption that the provisions survive completion? [cid:image001.png@01D719A9.38D8D1E0] Mark J. Lynn, Esq. GREENSPOON MARDER LLP Partner 200 East Broward Boulevard, Suite 1800 Fort Lauderdale, FL 33301 Main: (954) 491-1120 x 1332 Direct: (954) 734-1835 | Fax: (954) 213-0072 mark.lynn@gmlaw.com<mailto:rosy.lopez@gmlaw.com> www.gmlaw.com<http://www.gmlaw.com/> GREENSPOON MARDER LLP LEGAL NOTICE The information contained in this transmission may be attorney/client privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by reply e-mail. Unless specifically indicated otherwise, any discussion of tax issues contained in this e-mail, including any attachments, is not, and is not intended to be, "written advice" as defined in Section 10.37 of Treasury Department Circular 230. A portion of our practice involves the collection of debt and any information you provide will be used for that purpose if we are attempting to collect a debt from you. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion