Jennifer R. Phillips and Nicole Sornsin – April 4, 2013 This past month, the Arizona Court of Appeals issued two decisions that could have significant implications for mechanics’ lien claimants. In Summers Group Inc. v. Tempe Mechanical, LLC, the Court of Appeals eased the burden on lien claimants who are the parties initiating an action on… Continue reading Arizona Court of Appeals Renders Two Decisions Affecting Awards of Attorneys’ Fees in Lawsuits to Enforce Mechanics’ Liens
Michigan Legislature Expands Scope of Construction Contract “Sole Negligence” Indemnity Limitation Statute
Brian Page – March 28, 2013 Michigan statute (MCL 669.991) provides that a provision in a contract for the construction, alteration, repair or maintenance of a building, structure or appurtenance that would cause the contractor to indemnify the owner against damages arising from bodily injury or damage to property caused by or resulting from the… Continue reading Michigan Legislature Expands Scope of Construction Contract “Sole Negligence” Indemnity Limitation Statute
Limitation on Coverage for Payment of Damages Creates Ambiguity
Tred R. Eyerly – March 20, 2013 Unable to discern the meaning of a provision stating that payment of damages would be made “through a trial but not any appeal”, the court found an ambiguity. Parker v. Am. Family Ins. Co., 2013 U.S. Dist. LEXIS 9085 (D. Ore. Jan. 23, 2013). The homeowners sued the… Continue reading Limitation on Coverage for Payment of Damages Creates Ambiguity
What Architects & Engineers Need to Know about the New Lien Law | Melissa Dewey Brumback – JDSupra
Melissa Dewey Brumback – April 8, 2013 I have previously discussed the ABCs of Lien Laws for those making claims on a project (that is, architects, engineers, contractors, subcontractors, and suppliers) and the 123s of Lien Laws for project owners. Now, time to learn some new tricks: enter, the Lien Agent. In case you’ve been hiding… Continue reading What Architects & Engineers Need to Know about the New Lien Law | Melissa Dewey Brumback – JDSupra
Bills Target Nevada’s Construction Defect Law
Construction defect laws intended to protect consumers have morphed into a trial lawyer’s dream and a nightmare for Nevada’s building trades, putting many out of business and sending the cost of insurance skyrocketing, representatives of the homebuilding and construction industry said Friday. But in testimony before the Senate Judiciary Committee, homeowners recalled their own nightmares… Continue reading Bills Target Nevada’s Construction Defect Law