Brendan Carter | The Dispute Resolver | May 13, 2017 The plaintiff in D.A. Sullivan & Sons, Inc.V. City of Springfield was a general contractor who contracted with the defendant for a public-school construction project in Springfield, MA. Subsequently, the plaintiff contracted with a subcontractor to perform certain finish work on the project. During the… Continue reading Massachusetts Appeals Court: GC’s Non-Payment for a Scope Dispute with Subcontractor is a Willful Act, but not an Intentional One
Tag: Subcontractor
Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work
Justin L. Weisberg | K & L Gates Hub | April 6, 2017 On February 17, the First District Appellate Court issued an opinion regarding the Implied Warranty of Habitability in the case of Sienna Court Condominium Association v. Champion Aluminum Court et al. The opinion involved three separate appeals: the first relating to claims… Continue reading Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work
Hurdles with Triggering a Subcontractor Performance Bond
David Adelstein | Florida Construction Legal Updates | April 1, 2017 There have been a couple of decisions as of late, particularly in federal court, that have gone in favor of a performance bond surety and against a general contractor’s claim against a subcontractor’s performance bond. These decisions have been so unfavorable that they may… Continue reading Hurdles with Triggering a Subcontractor Performance Bond
The Importance of Situational Leverage
John Benjamin Patrick | Gordon & Rees LLP | November 11, 2016 George Orwell wrote “all animals are equal, but some animals are more equal than others.” In construction, this is plainly true. The large, multi-billion dollar prime contractor, for example, is unlikely to negotiate subcontract terms with the 7-figure concrete installer. The public agency… Continue reading The Importance of Situational Leverage
Colorado Court of Appeals Defines “Substantially Complete” for Subcontractors’ Work so as to Shorten the Period of Time in Which They Can Be Sued
David M. McLain | Colorado Construction Litigation | October 10, 2016 Over the past few years, there has been a battle raging on in district courts and arbitration hearing rooms throughout Colorado regarding when a subcontractor’s work is to be deemed “substantially complete” for purposes of triggering Colorado’s six-year statute of repose. C.R.S. § 13-80-104… Continue reading Colorado Court of Appeals Defines “Substantially Complete” for Subcontractors’ Work so as to Shorten the Period of Time in Which They Can Be Sued