Tag: Advise & Consult

9204 Meet 8850. Public Works Claims Processes Now Apply to Private Works, With Some Differences

Garret Murai | California Construction Law Blog Contractors working on public works projects are likely familiar with the statutory claims resolution process under Public Contract Code section 9204. Section 9204, which went into effect in 2017, and which has been amended a couple of times since, provides a claims resolution process for public works projects with… Continue reading 9204 Meet 8850. Public Works Claims Processes Now Apply to Private Works, With Some Differences

Statutes Of Repose

Ashley L. Buck (Wilkinson) | Clark Hill In Pennsylvania, statutes of repose materialized in the 1960s in large part as a result of the construction industry’s concerns with respect to ongoing liability for latent defects. Pennsylvania’s Home Inspection Law provides that an action to recover monetary damages arising from a home inspection report must be… Continue reading Statutes Of Repose

Florida Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy

Stephanie Roman | Property Insurance Law Observer Florida’s Fourth District Court of Appeal recently clarified the enforceability of the “residence-premises” requirement in homeowners’ insurance policies. In Universal Property & Casualty Insurance Company v. Boniface Jean, the appellate court reversed a jury verdict in favor of the homeowner, holding that coverage cannot be created by waiver when… Continue reading Florida Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy

A Permissive Appraisal Provision Does Not Constitute a Condition Precedent

Scott Keffer | Zelle The U.S. District Court for the Northern District of Texas, Fort Worth Division, recently granted an insurer’s motion for summary judgment, rejecting the insured’s argument that the contractual limitations period (2 years + 1 day) contained in its policy was unlawful and that the policy’s appraisal provision constituted a condition precedent… Continue reading A Permissive Appraisal Provision Does Not Constitute a Condition Precedent

Is Your Private Project Ready For California’s New Change Order Law?

Benjamin J. Morris | Foley & Lardner The Clock is Ticking: SB 440 Takes Effect January 1, 2026 The new year brings a mandatory shakeup to California’s private construction industry. Effective January 1, 2026, Senate Bill 440 — the Private Works Change Order Fair Payment Act (“SB 440”) — will govern how contractors and owners… Continue reading Is Your Private Project Ready For California’s New Change Order Law?