Christine Baglioni | Dowditch & Dewey Liquidated damages provisions are common to all types of agreements, from leases to construction contracts. While liquidated damages provisions may appear “boilerplate” and full of legalese, they profoundly impact how much a party may collect in the event of breach. Liquidated damages is an agreed-upon dollar amount that a… Continue reading Liquidated Damages v. Actual Damages – Which Is the Better Choice?
Month: November 2024
The Silent ‘D’ in SDI: Subcontractors May Not Need to be Notified of Default for Prime Contractors to Receive Subcontractor Default Insurance Coverage
Michael McNamara and Lexie Pereira | American Bar Association Subcontractor Default Insurance (“SDI”) is marketed as a substitute for a subcontractor performance bond as SDI provides coverage for a prime contractor’s losses due to a subcontractor’s failure to perform on a project. Based on the purpose of SDI and with “Default” in its full name,… Continue reading The Silent ‘D’ in SDI: Subcontractors May Not Need to be Notified of Default for Prime Contractors to Receive Subcontractor Default Insurance Coverage
The First Circuit Court of Appeals Weighs in on CGL Coverage for Allegedly Defective Subcontractor Work (Or Does It?)
Eric Eisenberg, Robert Ferguson Jr. and Alexandra Gordon Briggs | Hinckley Allen You, a general contractor, receive a notice of claim on a building you finished years ago. The Owners allege: (1) damage to the underground pipes due to the settlement of the foundation/backfill; and (2) water damage to interior spaces due to defects in… Continue reading The First Circuit Court of Appeals Weighs in on CGL Coverage for Allegedly Defective Subcontractor Work (Or Does It?)
Contractor Successfully Recovers Costs Associated with Government-Mandated COVID-19-Related Quarantine
Douglas L. Patin and Winni Zhang | BuildSmart On October 2, 2024, the Armed Services Board of Contract Appeals released a copy of their opinion in Chugach Fed. Sols., Inc., ASBCA No. 62712, 2024 WL 4542405 (Oct. 2, 2024). In this case, the board found entitlement for an operations and maintenance contractor for complying with a government-mandated,… Continue reading Contractor Successfully Recovers Costs Associated with Government-Mandated COVID-19-Related Quarantine
Who Owns it Anyway? The Uncommon Issues Unique to Mechanic’s Liens For Common Elements of a Condominium
Ciaran Kelly | Frantz Ward Contractors, subcontractors, laborers, and material suppliers who perform work or labor upon or furnish materials in furtherance of any improvement undertaken by virtue of a contract with an owner, part owner, or lessee have mechanic’s lien rights to secure payment in full for their completed work.[1] Ohio’s lien law provides that… Continue reading Who Owns it Anyway? The Uncommon Issues Unique to Mechanic’s Liens For Common Elements of a Condominium