John Mark Goodman | BuildSmart A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion of remedies is a common legal doctrine that generally requires parties to pursue relief in a particular order.… Continue reading Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim
Pause, Pay, or Proceed: Statute of Limitations and Filing Suit After the LA Wildfires
Keith A. Meyer and Kya R. Coletta | Reed Smith On January 7, 2025, wildfires raced across Los Angeles, forcing families to evacuate and leave their belongings and heirlooms behind. Many insureds promptly filed claims under their homeowners’ insurance. Some policyholders have already been paid their policy limits. Others continue to fight over sub-limits and… Continue reading Pause, Pay, or Proceed: Statute of Limitations and Filing Suit After the LA Wildfires
Contract Enforcement and Licensing Requirements in Residential Construction: Differences from Florida and New York Courts
Jose A. Aquino | Duane Morris Home construction and improvement projects in the U.S. are governed state and local laws that require contractors to be properly licensed and registered. These laws are designed to protect homeowners and maintain industry standards. Whether building a new home or renovating an existing one, contractors are typically required to… Continue reading Contract Enforcement and Licensing Requirements in Residential Construction: Differences from Florida and New York Courts
Contractor Licensing Issue Voids Construction Loan in Georgia
Clayton Swears | Hudson Cook A recent case out of Georgia involved a contractor’s licensing failure voiding the construction loan that was financing the project. However, there was a twist….well, several twists—a contractor who was also a lender, an end-of-the-world bunker, and a property that couldn’t be developed. Although the facts were unusual, the case… Continue reading Contractor Licensing Issue Voids Construction Loan in Georgia
General Contractor Solvency: The Fulcrum of Liability in Disputes
Christopher Rifer | Stoel Rives When it comes to selecting a general contractor for a construction project, owners’ typical considerations are clear: the contractor’s experience, its vision for the job, the quality of its work, and — of course — price. Likewise, when a subcontractor is deciding whether to bid for a scope of work… Continue reading General Contractor Solvency: The Fulcrum of Liability in Disputes