John Paul Nefflen | Burr & Forman LLP | January 27, 2016 The amendments to Rules 26 (b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve discovery disputes. And, as… Continue reading Rule 26 : What’s New, What’s Old, and What Still Needs to be Litigated
Category: Construction Law
A New Twist to Construction Fraud
Trey R. Kelleter | Vandeventer Black LLP | January 20, 2016 Virginia Code §18.2-200.1 makes it a crime to commit construction fraud, that is, to take an advance of funds in return for a promise to perform a job with no real intention of performing and indeed, failing to substantially perform. It is a felony… Continue reading A New Twist to Construction Fraud
Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work
Jasmine K. Gardner | Bradley Arant Boult Cummings | January 25, 2016 In yet another case from Massachusetts, the Massachusetts Appeals Court in Acme Abatement Contractor, Inc. v. S&R Corp. found that a general contractor was justified in not paying its subcontractor, even after the subcontractor had performed the majority of its work, because of… Continue reading Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work
Indemnity, Duty to Defend, and Timing
Stan Martin | Commonsense Construction Law LLC | January 20, 2016 The concept of indemnity gets a lot of press. With good reason, since an indemnity is one tool in the risk management shed. As a recent court decision shows, however, a duty to defend is different than an indemnity. And a party who seeks… Continue reading Indemnity, Duty to Defend, and Timing
Tips on Pursuing and Defending Complaints Against Contractors
Rick Erickson | Snell & Wilmer | January 18, 2016 The often staggering cost of litigation has prompted an equally staggering amount of regulatory complaints against contractors in recent years. Why? Because filing a complaint against a contractor may not cost a complainant anything but time. And any litigation expenses are mostly borne by the contractor/respondent, who… Continue reading Tips on Pursuing and Defending Complaints Against Contractors