Kristopher Berr | Pepper Hamilton LLP | January 4, 2018 Pritchett Controls, Inc. v. Hartford Accident & Indemnity Co., 2017 U.S. Dist. LEXIS 192182, 2017 WL 5591872 (D. Md. Nov. 21, 2017) James W. Ancel, Inc. (“JWA”) was the prime contractor on a project for the Maryland Transit Authority in Baltimore. JWA subcontracted a portion of… Continue reading Use of the Word “in” Indicates Geography; Use of the Word “of” Indicates Sovereignty
Tag: construction contracts
Construction Group News: Extremely Clear Pay-If-Paid Clause is Enforced
Michael J. Donnelly | The National Law Review | January 2, 2018 Every contract involves the risk of insolvency, and every construction subcontract involves the risk of the owner/developer failing to make the payments that the contractor intends to use to pay its subcontractors. Frequently, general contractors seek to shift this risk onto their subcontractors… Continue reading Construction Group News: Extremely Clear Pay-If-Paid Clause is Enforced
Liability and Insurance Coverage for Subcontractor’s Negligence: Do Your Form Contracts and Insurance Policies Still Fit?
Joseph Fullenkamp | Barnes & Thornburg LLP | July 25, 2017 Two recent Indiana decisions highlight the importance of understanding the terms of your construction contracts, ensuring they are consistent with your insurance policies, and that they comply with the law of your jurisdiction. Simply using form contracts or recycling contract provisions without tailoring them… Continue reading Liability and Insurance Coverage for Subcontractor’s Negligence: Do Your Form Contracts and Insurance Policies Still Fit?
Florida Statute 95.11(3)(C) Has Been Amended to Address the Ruling in Cypress Fairway Condo. V. Bergeron Constr. Co.
Douglas K. Gartenlaub | Burr & Forman LLP | December 7, 2017 In Cypress Fairway Condo. v. Bergeron Constr. Co., 164 So. 3d 706 (Fla. 5th DCA 2015) the 5th District Court of appeals defined “completion of the contract” to mean completion of performance by both sides of the contract, not merely performance by the contractor. In… Continue reading Florida Statute 95.11(3)(C) Has Been Amended to Address the Ruling in Cypress Fairway Condo. V. Bergeron Constr. Co.
Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You
William R. Wildman, Jesse W. Lincoln and Matthew J. Bowness | Eversheds Sutherland | November 30, 2017 Out-of-state contractors and design professionals working on projects in Georgia should consider including venue selection clauses in their contracts. Under O.C.G.A. § 14-2-510(b)(4), venue for tort actions lies “in the county where the cause of action originated,” i.e.,… Continue reading Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You