Don Gregory, Eric Travers, Mike Madigan, Stephanie P. Union and Timothy Kelley | Kegler Brown Hill + Ritter | October 11, 2016 We have long counseled Owners about the risks associated with the standard AIA contract language stating that the Architect’s Drawings are “Instruments of Service” and the license to use them can be withheld… Continue reading Contractors + Subcontractors at Risk When Owner Fails to Pay Architect
Tag: Subcontractor
A Game-Changer for Subcontractors in Payment Disputes
Adam B. Edgecombe | Jimerson & Cobb P.A. | September 8, 2016 Though many construction professionals are generally familiar with Florida’s lien law, there is a little-known and little-used provision within the lien statutes that can prove to be a game-changer for subcontractors (or sub-subcontractors) when used correctly and in the proper factual circumstances. Section… Continue reading A Game-Changer for Subcontractors in Payment Disputes
NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor’s Defective Construction Work is Insured
Jonathan A. Cass and Rene David Quinlan | Construction Law Signal | August 29, 2016 The New Jersey Supreme Court’s August 4, 2016 decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC opened the door for general contractors to obtain insurance coverage under their commercial general liability (CGL) policies for property damage caused… Continue reading NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor’s Defective Construction Work is Insured
Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work
Jasmine K. Gardner | Bradley Arant Boult Cummings | January 25, 2016 In yet another case from Massachusetts, the Massachusetts Appeals Court in Acme Abatement Contractor, Inc. v. S&R Corp. found that a general contractor was justified in not paying its subcontractor, even after the subcontractor had performed the majority of its work, because of… Continue reading Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work
#4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
David A. Harris and Abigail e. Lighthart | Haight Brown & Bonesteel LLP | September 30, 2015 In Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. (“Vita Planning”), the First Appellate District held California’s Code of Civil Procedure section 410.42 (“Section 410.42”) which prohibits an out-of-state contractor from requiring a California subcontractor to… Continue reading #4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses