Garret Murai | California Construction Law Blog | June 10, 2019 The Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 et seq.), also known as the Listing Law, is intended to prevent direct contractors on public works projects from “bid shopping” and “bid peddling.” Bid Shopping: Bid shopping is when a direct contractor discloses… Continue reading Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act
Category: Construction Law
Hey Siri, Why Did You Settle That Case Without Me Signing?
Matthew DeVries | Burr & Forman | June 4, 2019 Although it was a summary order with no precedential effect, the Second Circuit held in In re: Lehman Brothers Holdings, Inc. that an exchange of emails with a mediator can constitute a binding settlement, even if the parties never signed a written agreement. While the case is… Continue reading Hey Siri, Why Did You Settle That Case Without Me Signing?
Damages Caused by Wrongful Recording of Lis Pendens (Not Founded on Instrument or Statute)
David Adelstein | Prove My Florida Case | April 16, 2019 What are the damages caused by the WRONGFUL recording of a lis pendens, and I am referring to a lis pendens NOT founded on a duly recorded instrument (e.g., not founded on a mortgage) or a statute (e.g., not founded on a construction or assessment… Continue reading Damages Caused by Wrongful Recording of Lis Pendens (Not Founded on Instrument or Statute)
The Construction Lawyer as Counselor
Christopher G. Hill | Construction Law Musings | April 24, 2019 It’s been a while since I discussed the role that I believe a construction lawyer should serve. Back in 2013, I discussed how those of us that practice construction law are seen as “necessary evils.” I was thinking over the weekend about certain clients and… Continue reading The Construction Lawyer as Counselor
Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors
Thomas Cronin | Construction Law Blog | February 25, 2019 In a recent decision, the Illinois Supreme Court held that a purchaser of a newly constructed home could not assert a claim for breach of the implied warranty of habitability against a subcontractor where the subcontractor had no contractual relationship with the purchaser. Sienna Court Condo.… Continue reading Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors