Emily D. Anderson | Pepper Hamilton LLP | July 5, 2018 Pinnacle Crushing & Constr. LLC v. Hartford Fire Ins. Co., 2018 U.S. Dist. LEXIS 67965 (W.D. Wa. Apr. 23, 2018) The Army Corps of Engineers (the “Corps”), as owner, and Cherokee General Corporation (“CGC”), as prime contractor, entered into a contract (the “Contract”) in… Continue reading Subcontract Provision Requiring Subcontractor to Pass Through its Claims Does Not Prevent the Subcontractor From Suing to Recover Against Miller Act Bond
Tag: Subcontractor
Additional Insured Status: Playing The Speak-Out Game On A Construction Project
Matthew DeVries | Best Practices Construction Law | February 21, 2018 Last weekend we played Speak-Out: Kids versus Parents, a game where you use a plastic thingy to obstruct your speech capabilities. The winning team is the one that guesses the most phrases. Reading and understanding an insurance policy on a construction project can be a… Continue reading Additional Insured Status: Playing The Speak-Out Game On A Construction Project
Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner
Katharine E. Kohm | The Dispute Resolver | February 24, 2018 In Superior Steel, Inc. v. Ascent at Roebling’s Bridge, LLC, No. 2015-SC-000204-DG, 2017 WL 6380218 (Ky. Dec. 14, 2017), a subcontractor and a sub-subcontractor sued the general contractor and owner for the failure to pay for extra work. The general contractor and owner cross-claimed against the other for, inter alia, indemnification. At the jury… Continue reading Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner
Kentucky Supreme Court Holds “Pay-if-Paid” Provision in Subcontract Is Valid and Enforceable, Shifting Risk to Subcontractor
Michelle Beth Rosenberg | Pepper Hamilton LLP | January 25, 2018 Superior Steel, Inv. v. Ascent at Roebling’s Bridge, LLC, 2017 Ky. LEXIS 511 (December 14, 2017) Corporex Development and Construction Management, LLC (“Corporex”), a design builder, contracted with Dugan & Meyers Construction Company (“D&M”), a construction manager and general contractor on the Ascent at… Continue reading Kentucky Supreme Court Holds “Pay-if-Paid” Provision in Subcontract Is Valid and Enforceable, Shifting Risk to Subcontractor
Risky (Shifting) Business: Pay-if-Paid Provision Enforced to Subcontractor’s Detriment
Katherine e. Kohm | The Dispute Resolver | January 20, 2018 In Baker Concrete Const., Inc. v. A. Pappajohn Co., No. FSTCV166028187S, 2017 WL 4106383, at *1 (Conn. Super. Ct. 2017), at issue was the age-old dispute of non-payment for work performed. The Baker Court first recounted the direct avenues for collecting on a construction project when payment is not… Continue reading Risky (Shifting) Business: Pay-if-Paid Provision Enforced to Subcontractor’s Detriment