John Mark Goodman and Anne R. Yuengert | BuildSmart Most construction contracts include a provision stating that the contractor or subcontractor is an independent contractor and not an employee of the owner or contractor. That should settle the matter, right? Wrong. Depending on the context and jurisdiction, such contractual provisions may mean little or nothing at all. Check… Continue reading Is Your Subcontractor an Independent Contractor or an Employee? The Answer May Not Be as Simple as You Think
Tag: Construction Contract
Assignment of Claim not Precluded by Policy’s Anti-Assignment Clause
Tred R. Eyerly | Insurance Law Hawaii The Supreme Court of Maryland upheld the insured’s assignment of a post-loss claim despite the policy’s anti-assignment provision. In re Featherfall Restoration, LLC, 2025 Md. LEXIS 294 (Md. July 24, 2025). The insureds purchased a “High Value’ homeowners policy from Travelers Home and Marine Insurance… Continue reading Assignment of Claim not Precluded by Policy’s Anti-Assignment Clause
Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation
David G. Thomas and Angela C. Bunnell | GreenbergTraurig Litigation and arbitration can be time-consuming, expensive, and emotionally draining for all concerned. Although arbitration was designed to be faster and more cost-effective than court proceedings, both are still “rights-based” dispute resolution models at their core. In those models, the parties give control of the outcome… Continue reading Multi-Tiered Dispute Resolution Systems—Seeking ‘Party-Controlled’ Resolution Opportunities Before Arbitration or Litigation
Does “Indemnify” = “Hold Harmless”? – Part 2
J. Christopher Selman and Zachary B. Stewart | BuildSmart Earlier this May, we wrote about how the Alabama Supreme Court held that “hold harmless” and “indemnify” may be considered synonyms, even if the terms appear separately in a contract. The court’s decision in Adams v. Atkinson, No. SC-2024-0528, 2025 WL 1416851 (Ala. May 16, 2025),was an important precedent… Continue reading Does “Indemnify” = “Hold Harmless”? – Part 2
Emerging Trends in Government Contracts Law — What Contractors Need to Know
Aron c. Beezley, Nathaniel J. Greeson & Gabrielle A. Sprio | BuildSmart The federal procurement landscape is shifting rapidly. Agencies, Congress, and the courts have pushed major changes recently that affect how contracts are written, awarded, challenged, and performed. Below is a concise survey of the most important emerging trends — and practical steps contractors… Continue reading Emerging Trends in Government Contracts Law — What Contractors Need to Know