Brendan Carter | The Dispute Resolver | May 13, 2017 The plaintiff in D.A. Sullivan & Sons, Inc.V. City of Springfield was a general contractor who contracted with the defendant for a public-school construction project in Springfield, MA. Subsequently, the plaintiff contracted with a subcontractor to perform certain finish work on the project. During the… Continue reading Massachusetts Appeals Court: GC’s Non-Payment for a Scope Dispute with Subcontractor is a Willful Act, but not an Intentional One
Category: Construction Law
Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder
Jason Morris | PropertyCasualtyFocus | May 5, 2017 The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal fees, regardless of a dispute’s outcome. Although statutory exceptions to this rule… Continue reading Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder
When Is The Contractor’s Termination For Default Proper? When It Does Bad Things.
Matthew DeVries | Best Practices Construction Law | May 5, 2017 Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of construction contracting, both can get… Continue reading When Is The Contractor’s Termination For Default Proper? When It Does Bad Things.
The Beneficiaries of “Pay-if-Paid” Clauses in Construction Contracts
Dana Chaaban | Shutts & Bowen LLP | April 25, 2017 The law of contract formation allows parties “freedom to contract” in most aspects of transactions, services and/or liabilities. In the area of construction law, general contractors have largely negotiated a shift in the distribution of risk away from the general contractor and to the… Continue reading The Beneficiaries of “Pay-if-Paid” Clauses in Construction Contracts
10 Ways To Avoid Construction Defect Litigation In Colorado
Rebecca Dow | Holland & Hart LLP | April 26, 2017 It has been widely reported that Colorado is in a “housing squeeze” due to the lack of “for sale” affordable housing. In October 2013, the Denver Regional Council of Governments published a comprehensive study identifying the factors influencing the shortage of affordable housing in… Continue reading 10 Ways To Avoid Construction Defect Litigation In Colorado