Steven M. Cvitanovic and Whitney L. Stefko – Haight Brown Bonesteel – August 14, 2014 On July 3, 2014, the California Supreme Court (the “Court”) came out with its decision in Beacon Residential Community Association v. Skidmore, Owings & Merrill, et al. The Beacon decision settled a long-standing dispute in California about whether design professionals… Continue reading What The Recent Beacon Decision Means For Developers And General Contractors
Month: August 2014
Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable
Ross A. Hoogerhyde – Gordon & Rees LLP – August 25, 2014 The Colorado Legislature enacted the Homeowner Protection Act (HPA), C.R.S. § 13-20-806(7), in response to unequal bargaining power between builders/developers and home buyers. The Legislature was concerned that builders/developers included onerous clauses in form home purchase agreements that limited their liability for any… Continue reading Limitation of Liability Clause in Pre-2007 Professional Contracts Enforceable
Duty to Defend Construction Defect Case Triggered by Complaint’s Allegations
Tred Eyerly – Insurance Law Hawaii – August 20, 2014 The subcontractor’s insurer could not escape contributing to defense costs of its insured when coverage was possible based upon the underlying complaint’s allegations. Seneca Ins. Co. v. James River Ins. Co., 2014 U.S. Dist. LEXIS 97156 (D. Ore. July 17, 2014). The underlying action alleged… Continue reading Duty to Defend Construction Defect Case Triggered by Complaint’s Allegations
Talk is Cheap – Promises to Pay are a Poor Substitute for Adherence to Contractual Notice Provisions
Charlie G. Baxley – Bradley Arant Boult Cummings LLP – August 1, 2014 A recent Wyoming case – JEM Contracting, Inc. v. Morrison – Maierle, Inc. – serves as a reminder to contractors and subcontractors of the importance of following the contractual requirements for notice when differing site conditions are discovered. As the contractor in… Continue reading Talk is Cheap – Promises to Pay are a Poor Substitute for Adherence to Contractual Notice Provisions
California Law Restricting Non-licensed Contractors’ Right to Recover for Unpaid Services does not Apply to Miller Act Claims
Carly Miller – Bradley Arant Boult Cummings LLP – August 1, 2014 In a recent decision, the federal appellate court encompassing nine western states and two Pacific island jurisdictions held that a California law restricting the right of non-licensed contractors to recover for unpaid services did not apply to actions brought under the Miller Act,… Continue reading California Law Restricting Non-licensed Contractors’ Right to Recover for Unpaid Services does not Apply to Miller Act Claims