default_title="Legal" default_description=""

You are not logged in

DCD Design Cost Data

Legal


Contract And IP Implications Of Design Professionals Monetizing Non-Fungible Tokens Comprising Digital Construction Designs

Contract And IP Implications Of Design Professionals Monetizing Non-Fungible Tokens Comprising Digital Construction Designs

Posted: December 30, 2022 | Legal

There is an emerging market that appears poised to increasingly provide opportunities to monetize architectural and other construction designs through the sale of non-fungible tokens (NFTs).  Last year, artist Krista Kim reportedly made the first sale of a digital home design via an NFT marketplace, for over $500,000.  With some NFTs selling for millions of dollars, monetizing digital designs is undoubtedly an enticing prospect for architects, engineers, and other design professionals.  It is thus critical to understand the application of intellectual property rights to NFTs and to address those rights in contracts involving design professionals.

[Read More]


Architect’s Certification of Payments to the Contractor

Posted: July 5, 2022 | Legal

No duty of an architect is subject to more scrutiny than the issuance of payment certificates. The owner, naturally, does not want to pay money prematurely or needlessly. The contractor, on the other hand, wants, needs, and is entitled to the money as soon as possible. Both owners and contractors are generally acutely aware of the interest value of money.

[Read More]


Pay-if-Paid Prohibition Expands: Will Other States Follow?

Pay-if-Paid Prohibition Expands: Will Other States Follow?

Posted: April 8, 2022 | Legal

Virginia has long been known as a state where “contract is king.” That is, courts in the Commonwealth are much more likely to enforce the terms the parties bargained for, even if harsh or onerous. As of March 2022, however, the Virginia legislature passed a bill banning one of the most commonly used conditional payment clauses in construction contracts – the “pay-if-paid” clause.

[Read More]


Balanced Indemnification Provision Provides a Fair ‘Hold Harmless’ Agreement

Balanced Indemnification Provision Provides a Fair ‘Hold Harmless’ Agreement

Posted: January 21, 2022 | Legal

ConsensusDocs standard agreements contain an indemnification provision that some refer to as a “hold harmless” agreement. ConsensusDocs, unlike other standard contract documents, integrates its terms and conditions in the same document as the agreement. This provides better integration and avoids conflict between two separate documents.  

[Read More]


ConsensusDocs’ Balanced Indemnification Provision Provides a Fair ‘Hold Harmless’ Agreement

ConsensusDocs’ Balanced Indemnification Provision Provides a Fair ‘Hold Harmless’ Agreement

Posted: December 31, 2021 | Legal

ConsensusDocs standard agreements contain an indemnification provision that some refer to as a “hold harmless” agreement. ConsensusDocs, unlike other standard contract documents, integrates its terms and conditions in the same document as the agreement. This provides better integration and avoids conflict between two separate documents.  

[Read More]


Search