Jeffrey A. Sykes – March 23, 2012 The California Court of Appeal clarified the law on a public entity’s right to recover attorneys’ fees in connection with its withholding of funds from a general contractor because of a stop notice filed by a subcontractor. In doing so, the Court of Appeal compared the Civil Code… Continue reading Choice Deprives Public Entity Of Attorneys’ Fees On Stop Notice
Peter James Herrigel – March 21, 2012 The New Jersey Appellate Division recently ruled in Vollers Excavating and Construction, Inc. v. Citizens Bank of Pennsylvania, Docket No. A-3844-10T1 (March 5, 2012), that a construction lender has no obligation to pay an unpaid subcontractor on a project when the general contractor files for bankruptcy protection. In… Continue reading Subcontractors Take Note – Appellate Division Confirms that Construction Lender has no Duty to Subcontractor Absent Express Promise to Pay – Lexology
The Florida Appellate Court upheld the imposition of Attorney’s Fees as sanctions for failure to keep an agreement made by a party at Mediation in this case, under a doctrine that Attorney’s Fees can be imposed as sanctions where a Court can determine that a party has engaged in “inequitable conduct”. As described in the Appellate Court’s… Continue reading Insurance Claims and Bad Faith Law Blog: Bad Faith Attorney’s Fees Awarded for Dishonoring Florida Mediation Agreement.
Gregory R. “Greg” Meeder From bidding to design to construction management, the use of computer-driven technology and tools have exploded in the construction industry. Historically, construction disputes have always been document intensive because they involve multiple parties, facts developing over one or more construction seasons and thousands of documents spread amongst developers, architects, engineers, general… Continue reading Alternative Dispute Resolution: Providing New Solutions to Burdens of Dealing With Electronic Discovery in Construction Disputes
March 12, 2012 On January 20, 2012, the New Jersey Senate introduced S766, which provides a cause of action for bad faith – an insurance carrier’s breach of the covenant of good faith and fair dealing – in the investigation, evaluation, processing, payment or settlement of insurance claims. The bill is intended to codify certain… Continue reading New Jersey’s Bad Faith Bill Remains Pending in Senate