Katlyn L. Gregg | Procopio Cory Hargreaves & Savitch LLP | October 18, 2018 As anyone involved in even the most straightforward construction project is aware, payment disputes frequently arise between contractors. If you are in the middle of the payment dispute, it may seem practical to withhold all payment to the subcontractor until the dispute is… Continue reading Why You Should Think Twice Before Withholding Payment From Your Subcontractor
Tag: Advise & Consult
Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | October 30, 2018 In Thee Sombrero, Inc. v. Scottsdale Ins. Co. (No. E067505, filed 10/25/18), a California appeals court held that a property owner’s loss of the ability to use his property as a nightclub, based on revocation of a city’s conditional use permit… Continue reading Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use
Termination & Limitation of Liability Clauses: Proceed with Caution
Marcus Augustine | Bradley | October 31, 2018 Contractors and subcontractors expect to be paid, and, when contracts are terminated, the termination provisions play a critical role in determining payment. Just as important to contractors and subcontractors is limiting liability as much as possible. In a recent case, Atos IT Solutions and Services v Sapient Canada… Continue reading Termination & Limitation of Liability Clauses: Proceed with Caution
Federal Circuit Confirms Miller Act Applies Even If Omitted from Contract
Lawrence Prosen | Kilpatrick Townsend & Stockton LLP | November 7, 2018 On November 5, 2018, the U.S. Court of Appeals for the Federal Circuit (“Court”) confirmed something that many of us in the Federal Government Construction Contracts industry always understood was the law, namely that even where an agency omits the Miller Act bonding… Continue reading Federal Circuit Confirms Miller Act Applies Even If Omitted from Contract
Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose
David Adelstein | Florida Construction Legal Updates | October 13, 2018 Florida Statutes Chapter 558 requires a Notice of Construction Defect letter (“558 Notice”) to be served before a construction defect lawsuit is commenced. This is a statutory requirement unless contractually waived for a completed project when latent defects or post-completion construction or design defects are pursued. A recent Florida… Continue reading Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose