Edward Lozowicki and Scott A. Vignos – June 19, 2012 Can a supplier of construction materials be considered a “subcontractor” for purposes of enforcing its claim on a public works payment bond? The answer is “yes” according to a recent decision of the California Court of Appeal. In Eggers Industries v. Flintco, Inc., et al.,… Continue reading Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims
Tag: subcontractors
Leapfrogging Privity – Preserving Owner-Direct Claims Against Subs
Stewart O. Peay and Mark O. Morris – June 28, 2012 Utah law requires that owners’ claims against general contractors and design professionals with whom the owner has direct contracts (collectively referred to hereafter as “generals”) and their respective subcontractors and subconsultants (collectively referred to hereafter as “subs”) for construction and design defects be based… Continue reading Leapfrogging Privity – Preserving Owner-Direct Claims Against Subs
A Contractor’s Implied Non-Delegable Duty
Lochlin B. Samples – April 6, 2012 A recent Tennessee Supreme Court case, Federal Insurance Co. v. Winters, 354 S.W. 3d 287 (Tenn. 2011), addressing two previously unresolved issues in Tennessee, concluded that a contractor has an implied duty to perform work in a careful, skillful, and workmanlike manner and that, absent the owner’s consent, this duty… Continue reading A Contractor’s Implied Non-Delegable Duty
Pop Quiz For Builders, Remodelers & Subs: Legal Issues In Residential Construction
Sales of Homes (For Builders): (1) Q: If a buyer who has executed a Purchase Agreement for a spec home notifies you, the builder and seller of the home, of one of the following, does the buyer have a valid reason for failing to close on the property? a. Failure/inability to obtain financing for the purchase of… Continue reading Pop Quiz For Builders, Remodelers & Subs: Legal Issues In Residential Construction
Piercing the Corporate Veil: Help with Subcontractor Defaults
By Albert B. Wolf Attorney at Law Recently, I have had a number of calls from general contractor clients complaining that one or more of their subcontractors have gone broke, leaving a bunch of unpaid suppliers. So what do they do? There are two possible solutions that might work if their owners have personal wealth… Continue reading Piercing the Corporate Veil: Help with Subcontractor Defaults