Cade Laverty – July 8, 2013 Can design-builders rely on owner supplied specifications if the design-builder also has the requirement to conduct its own independent investigation on those same specified conditions; NOPE, says the Court of Federal Claims. In, Metcalf Constr. Co., Inc. v. United States, 107 Fed. Cl. 786 (Fed. Cl. 2012), a design-builder,… Continue reading Can Design-Builders Rely on Owner Supplied Specifications…
Category: Construction
Hawaii District Court Finds Faulty Workmanship not an Occurrence under CGL Policy in Construction Defect Case
Hillary Coombs Jarvis and John P. Swenson – July 5, 2013 In Nautilus Insurance Company v. 3Builders, Inc., Civil No. 11-00303 LEK-RLP, 2013 WL 3223643 (D. Haw. June 24, 2013), the United States District Court for the District of Hawaii, applying Hawaii state law, granted Nautilus Insurance Company’s (“Nautilus”) motion for summary judgment (“Motion”) on… Continue reading Hawaii District Court Finds Faulty Workmanship not an Occurrence under CGL Policy in Construction Defect Case
A Cautionary Tale For All Subcontractors
Scott Orenstein – July 13, 2013 The Connecticut Appellate Court recently handed down a decision that should have all subcontractors carefully reviewing their subcontracts. In Suntech of Connecticut, Inc. v. Lawrence Brunoli, Inc., 143 Conn. App. 581 (2013), Suntech of Connecticut, Inc. (“Suntech”) agreed to “provide glass doors, glass, glazing, an aluminum framing system, and… Continue reading A Cautionary Tale For All Subcontractors
Florida’s Construction Lien Act: What Kind of Work is Lienable
Troy K. Smith – July 10, 2013 Sometimes it is good to review the basics. For instance, with Florida’s Construction Lien Act, it is easy to remember that alienor may obtain a lien for any unpaid “contract price” related to the permanent improvement of privately owned real estate. But what does the law consider to… Continue reading Florida’s Construction Lien Act: What Kind of Work is Lienable
Utah’s Anti-Indemnification Statute and Additional Insured Provisions
Jeremy Stewart – June 22, 2013 In Utah, an agreement to indemnify in a construction contract is governed by Utah’s anti-indemnification statute, Utah Code Ann. § 13-8-1. Utah’s anti-indemnification statute defines an “indemnification provision” as an agreement between any combination of construction managers, general contractors, subcontractors, sub-subcontractors or suppliers (collectively, “construction workers”) “requiring the promisor… Continue reading Utah’s Anti-Indemnification Statute and Additional Insured Provisions