Mark Morris and Tyson Prisbrey | Snell & Wilmer In December 2020, the Utah Court of Appeals found that, because a contractor’s preliminary notice contained the statutorily required information, although in unconventional order, the notice was valid. In Zion Village Resort, Pro Landscape U.S.A. performed work on a condominium development and filed preliminary notices with… Continue reading Utah Owners Cannot Simply Rely on Construction Lien Registry Search Results to Find Valid Preliminary Notices
Month: April 2021
Attorneys’ Fee Clauses are Engraved Invitations to Sue
Dave McLain | Colorado Construction Litigation As we start another trip around the sun, hopefully you are in the process of updating your form contracts, including purchase and sale agreements and express written warranties. Because the law and litigation landscape continually changes, it is a good practice to periodically update the forms you use in… Continue reading Attorneys’ Fee Clauses are Engraved Invitations to Sue
Key Legal Considerations for Modular Construction Contracts
Fred Hedberg | Construction Law Zone Modular construction is literally on the rise. It is rapidly displacing traditional stick-built construction for new commercial, industrial and residential buildings. Over the past decade, an increasing number of health care, education facilities and apartment buildings have been built using modular construction. As the need for housing, and especially… Continue reading Key Legal Considerations for Modular Construction Contracts
Owner Liability To Construction Subcontractors In Contract Or Quasi-Contract
Bradley Polina | Cole Schotz The typical arrangement on most construction projects is that the property owner or developer engages the services of a general contractor or construction manager, which in turn subcontracts the work out to the various trades pursuant to a number of subcontracts. Under this standard arrangement, subcontractors seeking payment for their… Continue reading Owner Liability To Construction Subcontractors In Contract Or Quasi-Contract
It’s My Construction Contract, I Can Arbitrate Where I Want
Patrick Lindmark | Taft Law “[W]hen parties agree to arbitrate all questions arising under a contract, the [Federal Arbitration Act] supersedes state laws lodging primary jurisdiction in another forum, whether judicial or administrative.”[1] Subcontractors know all too well that out-of-state prime contractors and owners often include clauses in construction contracts that require all disputes be… Continue reading It’s My Construction Contract, I Can Arbitrate Where I Want