Lynette Gil | Property Casualty 360° | November 10, 2015 It usually plays out in slow motion. At least it seems that way to you. You’re having a great conversation with a prospect or a client, and you’re thinking, “I think we could do business together.” That is, until a few words escape from your… Continue reading 9 Negative Phrases to Avoid with Your Clients (and what to say Instead)
Category: Construction Law
MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work
Murtha Cullina LLP | October 22, 2015 Summary The general contractor on a public demolition project paid nothing to a subcontractor that had performed the majority of its work but refused to perform work that it claimed was outside of its scope of work. The subcontractor sued the general contractor and after cross-motions for summary… Continue reading MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work
Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse
October 23, 2015 In Grebow v. Mercury Insurance Company (No. B261172, filed 10/21/15), a California appeals court held that coverage for collapse in a homeowners policy does not extend to prophylactic repairs undertaken to mitigate damage before actual collapse of the structure. In Grebow, the insureds had a general contractor inspect the rear deck of… Continue reading Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse
Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals
Garret Murai | California Construction Law Blog | October 26, 2015 It’s a tactic as old as war itself. You can often gain a strategic advantage by selecting the location of battle. The same is true in litigation. But as the next case illustrates, when it comes to disputes between contractors (and design professionals), it isn’t always… Continue reading Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals
Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”
David K. Nelson | Kean Miller | August 13, 2015 Parties involved in the construction industry have long been familiar with mandatory arbitration as a dispute resolution procedure. Originally arbitration was said to be more efficient and less expensive than litigation. Over time, experience has shown that arbitration is not necessarily more efficient or more… Continue reading Arbitration Rulings are Final, Even When the Arbitrators Get It “Wrong on the Law”