Amy M. Anker, Esq. | Construction Chaos | December 10, 2014 In California, a general contractor can usually rest assured that in the event of nonpayment, it can rely upon the remedy of a mechanics lien, which remedy is, in fact, even a constitutional right. The priority rights accorded to mechanics liens are strong. For example,… Continue reading General Contractors Beware of Subordination Clauses
Category: Construction Contracts
A Cautionary Tale for General Contractors
Hopkins & Carley | November 25, 2014 Construction lenders often go to great lengths to ensure their deeds of trust have priority over mechanic’s liens. Typically, as part of the construction loan process, general contractors are asked to sign documents consenting to the owner’s assignment of the construction contract to the lender. According to a… Continue reading A Cautionary Tale for General Contractors
New York Court Revisits Architect’s Duty Under Contract and Tort Principles
Traub Lieberman Straus & Shrewsberry LLP | November 4, 2014 Issues of privity and whether claims sound in breach of contract or negligence are common in construction defect cases involving architects and New York is no exception. Indeed, New York courts have long wrestled with architect liability and formulas for imposing or defeating liability. A… Continue reading New York Court Revisits Architect’s Duty Under Contract and Tort Principles
More “Texas Justice” For Policyholder On Contractual Liability Exclusion
Nathan Lander | Risk and Recovery: Legal Insights for the Insured | November 4, 2014 On October 29, the Fifth Circuit reversed itself for the second time this year in a case involving the interpretation of a contractual liability exclusion in a CGL policy. This recent decision by the Fifth Circuit in Crownover v. Mid-Continent Casualty… Continue reading More “Texas Justice” For Policyholder On Contractual Liability Exclusion
When the “Discovery Rule” is Irrelevant
Adam L. Gill – Duane Morris LLP – September 29, 2014 Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted… Continue reading When the “Discovery Rule” is Irrelevant