Vicki R. Harding – January 24, 2013 A typical trust fund statute provides that payments to a construction contractor are treated as funds held in trust until its subcontractors and suppliers have been paid. In the case of a contractor bankruptcy this can be a significant benefit, since the subcontractors and suppliers can argue that… Continue reading Construction Claims: Trust Funds can go Poof
Category: Construction Law
Even after Work is Completed and Accepted by the Project Owner, Contractors have an Ongoing Duty to Maintain Construction Site Conditions
Jonathan M. Allen – January 17, 2013 On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn of potential dangers at a construction site resulting from their work after… Continue reading Even after Work is Completed and Accepted by the Project Owner, Contractors have an Ongoing Duty to Maintain Construction Site Conditions
CA Court of Appeal Holds Design Professionals Owe a Duty of Care to Condo Homeowners for Professional Negligence
Edward P. Garson, Ian A. Stewart and John R. Clifford – December 20, 2012 In Beacon Residential Community Association v. Skidmore, Owings and Merrill LLP (December 14, 2012), the trial court sustained the demurrer (a response in a court proceeding in which the defendant does not dispute the truth of the allegation but claims it is not… Continue reading CA Court of Appeal Holds Design Professionals Owe a Duty of Care to Condo Homeowners for Professional Negligence
2013 California Construction Law Update
Garret Murai – January 6, 2013 More than 4,000 bills were introduced in the California State Legislature during the 2011-2012 legislative session. Of these bills, 996 made it to Governor Brown’s desk, of which 876 were signed into law, and 120 were vetoed. Among the new laws impacting the construction industry are new licensing requirements… Continue reading 2013 California Construction Law Update
Recovery of Legal Fees and Consultants’ Expenses in REAs
G. Scott Walters – December 18, 2012 Change Happens One constant on most construction projects is change. Most construction contracts contain a specific clause (or clauses) discussing procedures and requirements that the project participants should follow in order to address these changes. Changes clauses are found in standard industry construction contracts, private construction contracts, and… Continue reading Recovery of Legal Fees and Consultants’ Expenses in REAs