Michael Baker | Snell & Wilmer A couple of years ago, a California court rendered an opinion that a surety is liable for attorney’s fees and costs even if the amount exceeds the penal sum of the bond. (Karton v. Ari Design & Constr., Inc.). This was further confirmed in another opinion last year (Chavez Gen Constr,… Continue reading Caution: Penal Sum of Bond May Not Be the Limit
Tag: construction law
Utah Court of Appeals Provides Guidance on Exception to Bar Unlicensed Contractors From Suing to Collect Compensation
Mark Morris and Tyson Prisbrey | Snell & Wilmer Utah law provides that a contractor may not seek “collection of compensation” in court for any work that requires a license if, at the time the contractor entered into the contract, the contractor was not licensed. The Utah Supreme Court has laid out four exceptions to… Continue reading Utah Court of Appeals Provides Guidance on Exception to Bar Unlicensed Contractors From Suing to Collect Compensation
Data Management Developments in Construction Disputes
Al-Karim Makhani and Reuben Miller | TransPerfect Legal The construction industry is no stranger to complexity. As projects grow larger and more intricate, involving multiple stakeholders across various jurisdictions, the amount of data generated has surged exponentially. This explosion of data presents both opportunities and challenges in the realm of construction disputes. Effective data management… Continue reading Data Management Developments in Construction Disputes
No Tricks—Only Treats!—When Parties Collaborate to Meet the Challenge of “Reasonableness” in Discovery
Craig W. Chaney | Reed Smith As opposing parties navigate the frightening process of discovery, “reasonableness” often lurks like an elusive spirit. While each party conjures their own version of what’s reasonable, the Federal Rules of Civil Procedure are summoned to provide guidance and temper disputes. The Rules have been repeatedly amended to help ensure… Continue reading No Tricks—Only Treats!—When Parties Collaborate to Meet the Challenge of “Reasonableness” in Discovery
Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing
David Taylor | BuildSmart I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in construction disputes. To be clear, I have made my share of… Continue reading Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing