James Yand | Miller Nash A recent Washington Bill 5528, sponsored by the Northwest Wall and Ceiling Contractors Association and the American Subcontractors Association of Washington, along with many other industry trade groups, successfully passed the Washington Legislature. The Bill will implement retainage reform to mirror the same retention limits that already exist in public… Continue reading Retention Reform Bill Passed in Washington for Private Construction Projects
Month: May 2023
Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects
Bill Wilson | Construction Law Zone In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the surety who issued a payment bond on the project two years after the subcontractor last performed… Continue reading Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects
Florida’s Tort Reform and its Impact on Subrogation
Matthew Peaire | Butler Weihmuller Katz Craig HB 837 was introduced to the Florida House of Representatives on February 15, 2023. The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis. The bill was 39 pages long and addressed many aspects… Continue reading Florida’s Tort Reform and its Impact on Subrogation
YOLO: CBCA Finds that a Contractor Cannot Revive Its Expired Appeal Rights by Resubmitting a Claim
Stephen J. McBrady, Michelle D. Coleman, Amanda H. McDowell and Zariah T. Altman | Crowell & Moring On April 6, 2023, the Civilian Board of Contract Appeals (CBCA), in BES Design/Build, LLC, CBCA 7585, dismissed a contractor’s appeal for lack of jurisdiction, finding the appeal untimely, and underscoring that a contractor cannot reset the 90-day appeal… Continue reading YOLO: CBCA Finds that a Contractor Cannot Revive Its Expired Appeal Rights by Resubmitting a Claim
Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice
Garret Murai | California Construction Law Blog Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t present your case at trial in a way that causes the judge and/or jury to raise their eyebrows or shake their heads in disbelief.… Continue reading Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice