Thomas H. Dart and Drew F. Chesanek | Adams and Reese With the ongoing spread of COVID-19 (coronavirus), it is becoming inevitable that the preventative measures being implemented will have significant financial impacts on the construction industry. Accordingly, owners and contractors should be reviewing their contracts for their projects and prepare now for coronavirus-related delays.… Continue reading Time to Review Contracts and Be Prepared for Construction Delays, Suspensions and Terminations
Amandeep S. Kahlon | Bradley Arant Boult Cummings Liens are one of the primary tools for the construction industry to secure payment claims. However, lien rights and remedies vary between states, and these distinctions are often difficult for owners, contractors, and subcontractors to navigate. Because many states apply lien laws strictly—meaning technical non-compliance can result… Continue reading Lien Rights: Remedies for Potential Issues on the Project
Smith Gambrell & Russell It is the question many in the industry have asked in light of the 2018 New York Court of Appeals decision in the Gilbane case. (Gilbane Bldg. Co./TDX Constr. Corp., et al. v. St. Paul Fire & Marine Ins. Co., et al., 31 N.Y. 3d 131 (2018)). In Gilbane the court held that a party was… Continue reading To Be Or Not To Be An Additional Insured?
David Adelstein | Florida Construction Legal Updates How are delay damages treated when two subcontractors cause a mutual or concurrent delay to the project? Assume multiple subcontractors concurrently contributed to an impact to the critical path resulting in a delay to the project. The delay caused the prime contractor to: (1) be assessed liquidated damages from the owner and (2) incur extended… Continue reading Mutual or Concurrent Delay Caused by Subcontractors
Larry P. Schiffer | Squire Patton Boggs Most reinsurance contracts have binding arbitration provisions. The Federal Arbitration Act (FAA) sets out a national policy in favor of arbitration. Yet, there are states that expressly preclude arbitration provisions in insurance contracts. Does that apply to reinsurance contracts? In Washington Cities Insurance Authority v. Ironshore Indemnity, Inc., No.… Continue reading Reverse Preemption Is Alive And Well In Washington State