Randolph E. Ruff and Jonathan M. Mraunac | Ogletree Deakins | October 31, 2016 It is common knowledge among construction litigators that in order for a contractor to recover attorneys’ fees from a subcontractor, the subcontract must specifically state that attorneys’ fees are recoverable. However, in litigation, the arguments impeding a contractor’s recovery of fees… Continue reading Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Category: Construction Law
Colorado Court of Appeals Defines “Substantially Complete” for Subcontractors’ Work so as to Shorten the Period of Time in Which They Can Be Sued
David M. McLain | Colorado Construction Litigation | October 10, 2016 Over the past few years, there has been a battle raging on in district courts and arbitration hearing rooms throughout Colorado regarding when a subcontractor’s work is to be deemed “substantially complete” for purposes of triggering Colorado’s six-year statute of repose. C.R.S. § 13-80-104… Continue reading Colorado Court of Appeals Defines “Substantially Complete” for Subcontractors’ Work so as to Shorten the Period of Time in Which They Can Be Sued
Statute of Limitations Can Bar Indemnification Claims If Brought Too Soon
Timothy W. Gordon | Holland & Hart LLP | October 21, 2016 Piecemeal appellate-court decisions have put developers and contractors in a catch-22 with respect to the timing of indemnification claims against their subcontractors. Their indemnification claims against subcontractors might be barred by the two-year statute of limitations unless they wait until after the underlying… Continue reading Statute of Limitations Can Bar Indemnification Claims If Brought Too Soon
Oregon Court of Appeals Rules That Negligent Construction (Construction Defect) Claims Are Subject to a Two-Year Statute of Limitations
John P. Ahlers | Ahlers & Cressman | October 13, 2016 Statutes of limitations are distinct from statutes of repose. There is a lot of confusion between the two. Generally, a statute of limitations is a law which sets the maximum period of time which one can wait before filing a lawsuit, depending on the… Continue reading Oregon Court of Appeals Rules That Negligent Construction (Construction Defect) Claims Are Subject to a Two-Year Statute of Limitations
Practical Advice: Indemnification and Additional Insured Issues Revisited
John P. Ahlers | Ahlers & Cressman | August 24, 2016 Lawyers love writing about indemnification. There are seventeen blog articles on our website alone that deal with the subject. Before you click out of this email in disgust that we are rehashing a stale topic, this post contains some practical advice for contractors and… Continue reading Practical Advice: Indemnification and Additional Insured Issues Revisited