Sub can Suspend Work for Non-payment Without Notice

Don Gregory | Kegler Brown Hill & Ritter | June 4, 2015 The AIA A401 Subcontract allows an unpaid subcontractor to stop work until payment is received, “upon seven additional days’ written notice to the Contractor.” (§4.7.1). In a New York school construction dispute, the subcontractor was unpaid for three months and stopped work, but… Continue reading Sub can Suspend Work for Non-payment Without Notice

Are Public-Private Partnerships the Solution for CA’s Infrastructure Gap?

Julie Brook, Esq. | CEBblog™ | June 3, 2015 Public-private partnerships (P3s) are hot in an era of budget cutbacks and the need for alternative, innovative ways to repair and replace our aging public infrastructure. P3s can help bridge the infrastructure gap by using private capital to finance large infrastructure projects and leveraging funding payments over… Continue reading Are Public-Private Partnerships the Solution for CA’s Infrastructure Gap?

CGL Policy Did Not Afford Coverage For An Underlying Construction Defect Action Because The Alleged Property Damage Was Discovered After The Policy Period And The Total Residential Construction Exclusion Was Implicated

Troutman Sanders | June 5, 2015 Atain Specialty Ins. Co. v. North Bay Waterproofing, 2015 U.S. Dist. LEXIS 11404 (N.D. Cal.  Jan. 30, 2015) In Atain Speciality, the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction defect action were not discovered until… Continue reading CGL Policy Did Not Afford Coverage For An Underlying Construction Defect Action Because The Alleged Property Damage Was Discovered After The Policy Period And The Total Residential Construction Exclusion Was Implicated

New Florida Federal Court Decision Exposes Construction Insurance Gap

Brian A. Wolf | Smith Currie & Hancock | June 8, 2015 Your insurance policy may not cover the costs of an expensive Chapter 558 construction defect process. Florida’s construction defect statute, Chapter 558, requires an owner to notify contractors of all alleged construction defects. After the notice is sent, the contractor notifies all of… Continue reading New Florida Federal Court Decision Exposes Construction Insurance Gap

Missouri Court Clarifies What Constitutes An Ensuing Loss

Dick Bennett | Cozen O’Connor’s Property Insurance Law Observer | June 9, 2015 Last week in Performance Arts Cmty. Improvement Dist. v. ACE Amer. Ins. Co., 2015 WL 3491292, 2015 U.S. Dist. LEXIS 71592 (W.D. Mo., June 3, 2015), a federal court in Missouri shot down an insured’s arguments that a wall collapse caused by the… Continue reading Missouri Court Clarifies What Constitutes An Ensuing Loss

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