John Mark Goodman and Anne R. Yuengert | BuildSmart Most construction contracts include a provision stating that the contractor or subcontractor is an independent contractor and not an employee of the owner or contractor. That should settle the matter, right? Wrong. Depending on the context and jurisdiction, such contractual provisions may mean little or nothing at all. Check… Continue reading Is Your Subcontractor an Independent Contractor or an Employee? The Answer May Not Be as Simple as You Think
Month: November 2025
Assignment of Claim not Precluded by Policy’s Anti-Assignment Clause
Tred R. Eyerly | Insurance Law Hawaii The Supreme Court of Maryland upheld the insured’s assignment of a post-loss claim despite the policy’s anti-assignment provision. In re Featherfall Restoration, LLC, 2025 Md. LEXIS 294 (Md. July 24, 2025). The insureds purchased a “High Value’ homeowners policy from Travelers Home and Marine Insurance… Continue reading Assignment of Claim not Precluded by Policy’s Anti-Assignment Clause
Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation
David G. Thomas and Angela C. Bunnell | GreenbergTraurig Litigation and arbitration can be time-consuming, expensive, and emotionally draining for all concerned. Although arbitration was designed to be faster and more cost-effective than court proceedings, both are still “rights-based” dispute resolution models at their core. In those models, the parties give control of the outcome… Continue reading Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation
California’s Fair Payment Act: What Every Owner, Developer, and Contractor Should Know About SB 440
Matthew DeVries | Best Practices Construction Law While most states have enacted various forms of prompt payment laws for construction projects, California Senate Bill 440, known as the Private Works Change Order Fair Payment Act, marks a pivotal change in how payment obligations related to change orders are handled on private construction projects. Signed into law on October… Continue reading California’s Fair Payment Act: What Every Owner, Developer, and Contractor Should Know About SB 440