Given current economic conditions, most contractors are not in a position to simply walk away from legitimate claims for additional compensation with the expectation that the lost dollars will be recovered through the next profitable job down the road. Despite the fact that some contractors have historically been averse to making claims, limited project opportunities,… Continue reading Contractor Basics: Claims Recognition and Documentation
Category: Construction Contracts
Condominium Developer Cannot Enforce CC&R’s After Selling All Units
Alex Merritt and Michael B. Wilmar – November 21, 2011 This month the Second District Court of Appeal concluded that the developer of a condominium complex lacked standing to enforce the declaration of covenants, conditions, and restrictions (CC&R’s) after it had sold all the units in the complex. Western Pacific Housing and Playa Capital Company… Continue reading Condominium Developer Cannot Enforce CC&R’s After Selling All Units
In Court of Appeals addresses sufficiency of contractor’s claim under Indiana’s Antitrust Act – Lexology
Terrence L. Brookie – November 14, 2011 On October 25, 2011, the Indiana Court of Appeals published its decision in Skyline Roofing & Sheet Metal Co., Inc. v. Ziolkowski Constr., Inc., which addressed, among other issues, the sufficiency of a roofing subcontractor’s antitrust claim against a general contractor and local union. Ziolkowski Construction, Inc., a… Continue reading In Court of Appeals addresses sufficiency of contractor’s claim under Indiana’s Antitrust Act – Lexology
Shifting of liability nixed by new California contractor’s law – Lexology
After January 1, 2013, under new California law, “Type I” indemnity provisions covering the indemnitee’s concurrent active negligence will no longer be enforceable, and owners’ and contractors’ ability to shift the costs of defense to downstream subcontractors and suppliers will be limited. On October 9, 2011, California Governor Edmund G. Brown, Jr. signed into law… Continue reading Shifting of liability nixed by new California contractor’s law – Lexology
CAFC Refuses to Clarify Claims Construction Law, Deference
CAFC Refuses to Clarify Claims Construction Law, Deference | IPWatchdog.com | Patents & Patent Law.