Christopher G. Hill | Construction Law Musings Construction jobs involve numerous contractual relationships between and among general contractors, suppliers, architects, and subcontractors (to name a few of the relationships). In most cases, aside from exceptions such as mechanic’s liens, the concept of contractual privity keeps those “lower” on the contractual chain from jumping over the party… Continue reading An Interesting Take on Unjust Enrichment from the Virginia Supreme Court
Tag: Construction Contract
New Oregon Law Complicates Retainage on Construction Projects
Antonija Krizanac | Ahead of Schedule If you do not follow the Oregon legislature closely, you may have missed a new law, which went into effect January 1, 2020, that impacts the treatment of retainage on private and public construction projects over $500,000. For private and public construction contracts entered into on or after January 1,… Continue reading New Oregon Law Complicates Retainage on Construction Projects
General Contractors: The Payment Provisions in Your Subcontracts May Have Just Been Determined to be Unenforceable
Scott Halberstadt | TALG While it has been more than twenty years since the California Supreme Court determined, in Wm. R. Clarke Corp. v. Safeco Ins. Co., that “pay-if-paid” provisions in subcontracts were unenforceable, following a recent decision from the Court of Appeal, Fourth Appellate District, general contractors, or any other contractors that contract directly with owners,… Continue reading General Contractors: The Payment Provisions in Your Subcontracts May Have Just Been Determined to be Unenforceable
Anti-concurrent Clause and Faulty Workmanship Exclusion
Larry P. Schiffer | Squire Patton Boggs Anti-concurrent clauses preclude coverage even where the loss is partially caused by a covered cause of loss. This clause received considerable attention in hurricane-related coverage litigation following Hurricane Katrina. In a recent case, the Eighth Circuit Court of Appeals addressed the anti-concurrent clause in the context of damage… Continue reading Anti-concurrent Clause and Faulty Workmanship Exclusion
California Appeals Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts
Ted Gropman and Cindy Lee | Constructlaw On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America,1 effectively narrowing the scope of enforceable “pay-when-paid” provisions in construction subcontracts to the extent the subcontractor seeks recovery against a general contractor’s payment bond surety. Although the Crosno case involved a public… Continue reading California Appeals Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts