Nelson Mullins partner Robert Alfert was featured in a Construction Business Owner article discussing the recent structural failure in Manhattan, New York, and how construction business owners can best prepare to mitigate risk in future projects.

“All of the stakeholders need to review their respective contracts and insurance policies, which will include the owner's upstream contracts with their lenders, investors, and landowner, if any, so that all notice requirements are identified, and steps are taken to ensure the proper contractual notice is given to every entity that requires notice and every entity that is potentially a responsible party,” he said.

Alfert noted that preserving rights and claims is critical at this stage and that all parties should independently retain their own expert witnesses given the significant liabilities and exposure involved.

“The construction business owner should carefully review an owner’s proposed contract, especially if it is a highly modified AIA document, to make sure that risk is not being allocated to the contractor in an unfair or imbalanced way,” he explained.

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