MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work

Murtha Cullina LLP | October 22, 2015 Summary The general contractor on a public demolition project paid nothing to a subcontractor that had performed the majority of its work but refused to perform work that it claimed was outside of its scope of work. The subcontractor sued the general contractor and after cross-motions for summary… Continue reading MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work

Expert Witnesses up for Debate

John Torres | Florida Today | October 14, 2015 (Photo: Stockbyte, Getty Images) Anyone who has ever sat through a trial or served on a jury has probably experienced listening to opposing “expert witnesses” who totally contradict each other. I served on a medical malpractice jury and watched and scratched my head as doctors testifying… Continue reading Expert Witnesses up for Debate

Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

October 23, 2015 In Grebow v. Mercury Insurance Company (No. B261172, filed 10/21/15), a California appeals court held that coverage for collapse in a homeowners policy does not extend to prophylactic repairs undertaken to mitigate damage before actual collapse of the structure. In Grebow, the insureds had a general contractor inspect the rear deck of… Continue reading Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

OSHA’s New Regulation on Confined Spaces in Construction

Conor H. Meeks | Taft Stettinius & Hollister LLP | October 28, 2015 On May 4, 2015, the Occupational Safety and Health Administration (OSHA) issued a new regulation on confined spaces in the construction industry. Previously, there was only one rule for construction employers — provide training to employees who enter confined spaces. The new regulation (29… Continue reading OSHA’s New Regulation on Confined Spaces in Construction

Know Your Obligations Under Both the Prime Contract and Subcontract

Craig Martin | Construction Contractor Advisor | November 2, 2015 A recent case out of New Mexico highlights the importance for subcontractors to review their contract with the general and the contract between the general and the owner.  In Centex/Worthgroup, LLC v. Worthgroup Architects, L.P, the architect claimed that the limitation of liability clause in the… Continue reading Know Your Obligations Under Both the Prime Contract and Subcontract

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