Cade Laverty – July 8, 2013 Can design-builders rely on owner supplied specifications if the design-builder also has the requirement to conduct its own independent investigation on those same specified conditions; NOPE, says the Court of Federal Claims. In, Metcalf Constr. Co., Inc. v. United States, 107 Fed. Cl. 786 (Fed. Cl. 2012), a design-builder,… Continue reading Can Design-Builders Rely on Owner Supplied Specifications…
Month: July 2013
BINGO Word of the Day – July 22nd
The current game is now: X BINGO – make a “X” from all four corners. Today’s Useless Fact: The first television show to show any portion of a toilet was on Leave it to Beaver. After fighting for ten weeks to show the toilet, CBS would only allow the producers to show the toilet… Continue reading BINGO Word of the Day – July 22nd
Expert Fees Properly Awarded Under Offer of Judgment
David J. McMahon – July 1, 2013 In Martinez v. Brownco Construction Co. Inc., the California Supreme Court decided a unique issue under California’s offer of judgment procedure, Code of Civil Procedure Section 998. The court concluded that a second statutory offer does not extinguish a previous offer for purposes of Section 998’s cost shifting provisions. The plaintiffs sued… Continue reading Expert Fees Properly Awarded Under Offer of Judgment
Mechanics’ Lien Held Valid Where Subcontractor Named Property Owners in Lien, but not the Contractor
Alston & Bird – June 27, 2013 As with most states, Georgia is very strict in its interpretation and enforcement of its mechanics’ lien statute. Nevertheless, courts are still faced with interpretations of basic issues, such as which parties should be named in the claim of lien. In Robertson v. Ridge Environmental, LLC, the petitioners… Continue reading Mechanics’ Lien Held Valid Where Subcontractor Named Property Owners in Lien, but not the Contractor
Hawaii District Court Finds Faulty Workmanship not an Occurrence under CGL Policy in Construction Defect Case
Hillary Coombs Jarvis and John P. Swenson – July 5, 2013 In Nautilus Insurance Company v. 3Builders, Inc., Civil No. 11-00303 LEK-RLP, 2013 WL 3223643 (D. Haw. June 24, 2013), the United States District Court for the District of Hawaii, applying Hawaii state law, granted Nautilus Insurance Company’s (“Nautilus”) motion for summary judgment (“Motion”) on… Continue reading Hawaii District Court Finds Faulty Workmanship not an Occurrence under CGL Policy in Construction Defect Case