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Ball Janik LLP | Construction Law Watch
by constructionlawwatch_ew7f2y
4y ago
Welcome to WordPress. This is your first post. Edit or delete it, then start writing ..read more
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Decoding (Mind-Numbing) Software Agreements: Part 4
Ball Janik LLP | Construction Law Watch
by Megan Evans
4y ago
In the fourth part of this series on decoding EULAs, we move onto limitation of liability.  As discussed previously, the EULA is the agreement containing the terms the user of a software program agrees to abide by in using the software.  To start with we will review a limitation of liability I recently saw in a custom software services agreement: “Our maximum liability is the profit portion of the Fee we are paid by you.  You may not set-off against amounts due us.” Software providers are protected by blanket limitation-of-liability clauses that make it difficult to transfer the risk of errors ..read more
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Decoding (Mind-Numbing) Software Agreements: Part 3
Ball Janik LLP | Construction Law Watch
by Megan Evans
4y ago
In the third part of decoding EULAs, we focus on support terms also known as updates or modifications.  As discussed previously, the EULA is the agreement containing the terms the user of a software program agrees to abide by in using the software.  Below are examples, that have been included in recent software agreements: “Company X will provide maintenance and updates for its software as part of the Agreement.  Company X retains the sole right to determine whether an update represents an enhancement of a previously purchased capability or a new capability for which the Customer will be charg ..read more
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Decoding (Mind-Numbing) Software Agreements: Part 2
Ball Janik LLP | Construction Law Watch
by Megan Evans
4y ago
In the previous blog update (Part 1), I promised to continue decoding densely worded End User License Agreements (EULA). As discussed in the prior blog, the EULA is the agreement containing the terms the user of a software program agrees to abide by in using the software. In this blog, I address security. First, an excerpt from a standard form cloud services agreement: “Company X shall notify Customer of any Unauthorized Access as soon as reasonably practical. In the event that any applicable law requires that any notice be given to Customer’s Service Users or clients, Company X acknowledges a ..read more
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Decoding (Mind-Numbing) Software Agreements: Part 1
Ball Janik LLP | Construction Law Watch
by Megan Evans
4y ago
Software has become an integral part of the construction world and its use is only growing. There are hundreds of software providers for project management systems, estimating, schedule tracking, BIM, accounting, project portal, dropbox, cloud service providers, the list goes on and on. Typically, users of software are handed a lengthy agreement and asked to click their consent to the terms. We have all seen this type of agreement; anyone with a cell phone has likely absentmindedly agreed, with a click, to each software update. The writing is small.  The lines are spaced close together.  It go ..read more
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Oregon HB 2661 and Unintended Consequences
Ball Janik LLP | Construction Law Watch
by Peter Willcox-Jones
4y ago
The law of unintended consequences theorizes that the actions of people – especially government – often have effects that are surprising or unplanned. The idea of unintended consequences is generally traced back to English philosopher John Locke. In 1692, in a letter to Sir John Sommers, a member of England’s Parliament, Locke counseled the defeat of a parliamentary bill designed to regulate interest rates. Locke argued that instead of benefiting borrowers, as the bill intended, it would hurt them because creditors would find ways to circumvent the law, and those related costs would be borne b ..read more
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A Long Time Ago, In a State Far, Far Away: How Does Another State’s Statute of Repose Affect a Product Liability Claim filed in Oregon?
Ball Janik LLP | Construction Law Watch
by Nels Vulin
4y ago
Project owners and contractors often face challenges when defective building materials are used during construction. Bad building products can throw an entire construction project off kilter and, of course, can lead to litigation. Questions for the lawyer can abound. Is the contractor to blame for using the bad product? What if the project owner or architect selected the product? What about the manufacturer? Isn’t it responsible? While these questions are important, it’s often the details that can confuse even the most seasoned lawyer. Smaller issues, such as the applicable statute of limitati ..read more
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Recent Oregon Supreme Court Case Involving Medical Negligence May Have Far-Reaching Impact On Discovery In Construction and Design Defect Cases
Ball Janik LLP | Construction Law Watch
by Adele Ridenour
4y ago
Last month’s Oregon Supreme Court decision in Ransom v. Radiology Specialists of the Northwest, 363 Or 552 (2018) will likely have far-reaching impacts on how discovery is conducted in construction defect cases in Oregon. Ransom involved a plaintiff’s claim for alleged medical negligence case against two of the plaintiff’s former radiologists for alleged failure to properly read her imaging scans, which the plaintiff further alleged led to misdiagnosing her cancer as Stage II instead of Stage IV. Id. at 555-56. At issue on appeal was whether the plaintiff’s attorney could seek an answer from t ..read more
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Effectiveness of Suit Limitations in Community Associations’ Governing Documents
Ball Janik LLP | Construction Law Watch
by John Wilton Windle
4y ago
Construction defects plague many buildings in Florida, leading to lawsuits against developers and contractors. Seasoned developers have tried placing limits on their liability in a variety of ways, including inserting provisions in associations’ governing documents to limit associations’ and owners’ ability to bring a lawsuit against the developer. While developers have been creative in coming up with ways to limit liability exposure, this article focuses on what developers may not include in the governing documents that govern homeowner and condominium associations. Governing Documents To for ..read more
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A201-2017: A Brief Summary of the Differences a Decade Makes
Ball Janik LLP | Construction Law Watch
by Peter Willcox-Jones
4y ago
As anyone who is taking the time to read this blog probably knows, the American Institute of Architects (AIA) construction contract forms are omnipresent. Which means you also probably know that in April 2017 the AIA released an update to its A201 general conditions form, last updated in 2007. While many of the changes were discussed, researched, written and lectured about last summer, including by me, I’ve recently started to field a lot of questions about the 2017 changes to the AIA documents, A201 in particular. This is no surprise, I suppose. After the 2007 AIA forms were released, it took ..read more
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