David J. McMahon – July 1, 2013 In Martinez v. Brownco Construction Co. Inc., the California Supreme Court decided a unique issue under California’s offer of judgment procedure, Code of Civil Procedure Section 998. The court concluded that a second statutory offer does not extinguish a previous offer for purposes of Section 998’s cost shifting provisions. The plaintiffs sued… Continue reading Expert Fees Properly Awarded Under Offer of Judgment
Mechanics’ Lien Held Valid Where Subcontractor Named Property Owners in Lien, but not the Contractor
Alston & Bird – June 27, 2013 As with most states, Georgia is very strict in its interpretation and enforcement of its mechanics’ lien statute. Nevertheless, courts are still faced with interpretations of basic issues, such as which parties should be named in the claim of lien. In Robertson v. Ridge Environmental, LLC, the petitioners… Continue reading Mechanics’ Lien Held Valid Where Subcontractor Named Property Owners in Lien, but not the Contractor
Hawaii District Court Finds Faulty Workmanship not an Occurrence under CGL Policy in Construction Defect Case
Hillary Coombs Jarvis and John P. Swenson – July 5, 2013 In Nautilus Insurance Company v. 3Builders, Inc., Civil No. 11-00303 LEK-RLP, 2013 WL 3223643 (D. Haw. June 24, 2013), the United States District Court for the District of Hawaii, applying Hawaii state law, granted Nautilus Insurance Company’s (“Nautilus”) motion for summary judgment (“Motion”) on… Continue reading Hawaii District Court Finds Faulty Workmanship not an Occurrence under CGL Policy in Construction Defect Case
BINGO Word of the Day – July 19th
The current game is now: X BINGO – make a “X” from all four corners. Today’s Useless Fact: There are 500,000 detectable earthquakes in the world each year. Here is today’s word: JOHN LONG Previously called words: BRIAN MOFFITT EXPERT WITNESS INSURANCE CLAIMS MERLIN TAYLOR ROOF ALEX WOITSCHECK COMMERCIAL CONSTRUCTION ELECTRICAL… Continue reading BINGO Word of the Day – July 19th
A Cautionary Tale For All Subcontractors
Scott Orenstein – July 13, 2013 The Connecticut Appellate Court recently handed down a decision that should have all subcontractors carefully reviewing their subcontracts. In Suntech of Connecticut, Inc. v. Lawrence Brunoli, Inc., 143 Conn. App. 581 (2013), Suntech of Connecticut, Inc. (“Suntech”) agreed to “provide glass doors, glass, glazing, an aluminum framing system, and… Continue reading A Cautionary Tale For All Subcontractors