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: Subcontractor
Court Rejects Subcontractor’s Safety Excuse for Jumping Ship
John Mark Goodman | BuildSmart A federal judge in Oklahoma last week ruled against an electrical subcontractor who quit work before finishing because it was allegedly unsafe to continue. The court found that the subcontractor was simply losing money, and that the safety excuse was a “post-hoc fabrication” to justify “jumping ship.” The case involves construction… Continue reading Court Rejects Subcontractor’s Safety Excuse for Jumping Ship
US Appeals Court Upholds No CGL Coverage for General Contractor for Subcontractor’s Defective Work
John Hugo, Kelly Martin Malone and Michael Robertson | MG+M The Law Firm On November 8, 2024, the US Court of Appeals for the First Circuit (the Court) issued a decision in the matter of Admiral Insurance Company, et al. v. Tocci Building Corporation, et al., No. 22-1462 (1st Cir. 2024). The appeal concerned a dispute… Continue reading US Appeals Court Upholds No CGL Coverage for General Contractor for Subcontractor’s Defective Work
Designer Qualifies as Subcontractor Under Colorado Prompt Payment Act
John Mark Goodman | BuildSmart The court in AECOM v. Flatiron was back at it last week with rulings on the parties’ post-trial motions. As you may recall, the case was tried to a jury earlier this year. The jury returned a verdict for AECOM in the amount of $5 million. Flatiron’s modified total cost counterclaim in the amount of $250 million was rejected. AECOM’s… Continue reading Designer Qualifies as Subcontractor Under Colorado Prompt Payment Act
Managing Subcontractor Risks: A Legal Guide for General Contractors
Joseph Davies | Smith Debnam Narron Drake Saintsing & Myers Subcontractors play a pivotal role in construction projects, providing specialized skills and services essential for bringing projects to fruition. However, with this collaboration comes inherent risks that can significantly impact the success of a project. General contractors must be vigilant in identifying, understanding, and managing… Continue reading Managing Subcontractor Risks: A Legal Guide for General Contractors