Walter D. Cupkovic and Jack L. Parrino | Thompson Coburn LLP | April 1, 2016 Non-payment of receivables is an ongoing problem for contractors, subcontractors and material suppliers notwithstanding the strength or weakness of the economy. Having knowledge of one’s alternative available legal remedies gives contractors, subcontractors, and material suppliers a distinct advantage. When a… Continue reading Construction Due Diligence: Sooner is Always Better than Later
Month: April 2016
Recent Washington Decisions Illustrate Need to Handle Property Claims in Timely Manner
Sean Walton | Property Insurance Law Observer | April 7, 2016 An issue that often arises in the context of property insurance is whether a carrier’s delay in adjusting a claim can create a basis for a viable bad faith claim. The law in each state is different and the prudent practice is to consult… Continue reading Recent Washington Decisions Illustrate Need to Handle Property Claims in Timely Manner
Where Does the Duty of Care Flow? Limiting Limitless Liability for Construction Managers
Steven J. Stuart | Smith Currie & Hancock | March 31, 2016 Construction managers are often in an unenviable position. With expansive contracts, construction managers perform multiple tasks that may impact many different people. With the general charge of managing a construction project comes the potential of broad liability to those involved with the project.… Continue reading Where Does the Duty of Care Flow? Limiting Limitless Liability for Construction Managers
Illinois Federal Court Decision holds that Alleged Property Damage Outside of Subcontractor’s Scope of Work Triggers the Duty to Defend
Clifford J. Shapiro | Barnes & Thornburg LLP | April 1, 2016 Westfield Insurance Company v. National Decorating Service, Inc., No. 1:2014cv01572 (November 25, 2015 N.D. Ill.) (Judge Robert Blakey) holds that, under Illinois law, allegations that a subcontractor’s defective work caused property damage to a building or project outside the scope of the subcontractor’s… Continue reading Illinois Federal Court Decision holds that Alleged Property Damage Outside of Subcontractor’s Scope of Work Triggers the Duty to Defend
Withholding Less Retainage ≠ Release of Retainage; No Prompt Pay Act Violation
Stan Martin | Commonsense Construction Law LLC | March 31, 2016 Sometimes a construction contract allows for the amount of retainage being withheld by the owner to reduce, once the project is more than half complete. For instance, retainage that starts at 10% may reduce, at the halfway mark, to 5% being withheld thereafter. A… Continue reading Withholding Less Retainage ≠ Release of Retainage; No Prompt Pay Act Violation