Construction Contracts: Pay Attention to the Preamble

Alexander Barthet | Sage Construction and Real Estate | February 16, 2017 I recently filed a lawsuit on behalf of a subcontractor who hadn’t been paid. The prime contractor named in the suit countered, saying that the company name listed in the contract’s preamble wasn’t the right company. When we looked into it, we found… Continue reading Construction Contracts: Pay Attention to the Preamble

Building a Favorable Project Record During Construction Disputes

Ben Pollock and Craig Ledet | King & Spalding | February 2017 The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are available to provide first-hand accounts—which often is challenging after construction is complete—the contemporaneous evidence concerning the information available… Continue reading Building a Favorable Project Record During Construction Disputes

Forever Barred? Does Sending a Pre-Suit Notice of Construction Defects Prevent Dismissal of a Lawsuit Based on the Statute of Repose

Jeffrey S. Wertman | Berger Singerman LLP | February 13, 2017 The Fifth District Court of Appeal will soon decide whether sending a pre-suit notice of construction defects under Florida’s Construction Defect Statute, Section 558, Florida Statutes, commences a construction defect action and simultaneously tolls the 10-year statute of repose. In Busch v. Lennar Homes,… Continue reading Forever Barred? Does Sending a Pre-Suit Notice of Construction Defects Prevent Dismissal of a Lawsuit Based on the Statute of Repose

When Construction Contracts Go Sideways in Bankruptcy

Tracy Green | California Construction Law Blog | February 10, 2017 The contractor on a project files a bankruptcy case. How should the property owner and subcontractors proceed? When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code. Types of Bankruptcies The typical bankruptcy case involves a… Continue reading When Construction Contracts Go Sideways in Bankruptcy

A “Recovery” Against Insurers in Oregon does not Require a Money Judgment

Dwain Clifford | The Policyholder Report | February 8, 2017 Last week, the Oregon Supreme Court made it just a little easier for an insured to recover the attorney fees that it has been forced to spend in compelling an insurer to pay up. In Long v. Farmers Ins. Co. of Oregon, the Supreme Court… Continue reading A “Recovery” Against Insurers in Oregon does not Require a Money Judgment

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