Seth Reagan – July 25, 2012 In lawsuits involving multiple defendants, it is not unusual for the plaintiff to settle with one or more of the defendants as the lawsuit progresses. If, after a hearing, the court determines that such a settlement was made in good faith, a settling defendant is exempt from any claims… Continue reading To Appeal, or not to Appeal: Good Faith Settlement Determinations
Category: Construction Law
Cost of Construction Disputes Going Down
Julie D. Goldstein – July 24, 2012 A recent study and report by ARCADIS found that construction disputes in the U.S. lasted an average of 14.4 months in 2011, compared to 11.4 months in 2010. In contrast, the global average was only 10.6 months, and specifically disputes in the U.K. were resolved at only 8.7 months. … Continue reading Cost of Construction Disputes Going Down
Judge Gives OK to Raze Flawed Vegas Hotel Tower
Ken Ritter – July 19, 2012 A Nevada state judge gave the go-ahead Thursday for casino giant MGM Resorts International to implode a flawed hotel tower that was partially built but never opened as the centerpiece of the glittering $8.5 billion CityCenter project on the Las Vegas Strip. Clark County District Court Judge Elizabeth Gonzalez’s… Continue reading Judge Gives OK to Raze Flawed Vegas Hotel Tower
Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims
Edward Lozowicki and Scott A. Vignos – June 19, 2012 Can a supplier of construction materials be considered a “subcontractor” for purposes of enforcing its claim on a public works payment bond? The answer is “yes” according to a recent decision of the California Court of Appeal. In Eggers Industries v. Flintco, Inc., et al.,… Continue reading Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims
What is a “Pay if Paid” Contract Clause and Can it Apply to a Construction Subcontractor?
Construction Law Info Blog – July 10, 2012 What constitutes a “pay-if-paid” construction contract clause? The United States Court of Appeals for the Third Circuit recently addressed this question in Sloan v. Liberty Mutual Insurance Company, 653 F.3d 175 (3d Cir. 2011). That case involved a waterfront condominium in Philadelphia. Isla of Capri Associates LP,… Continue reading What is a “Pay if Paid” Contract Clause and Can it Apply to a Construction Subcontractor?