Eric A. Grasberger and W. Cory Haller | Stoel Rives | February 13, 2018 A bill proposed in the Oregon House of Representatives threatens to fundamentally alter the relationships between owners, contractors, their subcontractors, and their subcontractors’ employees. Under the bill, a contractor (defined as a person who contracts with an owner to perform construction)… Continue reading Construction Law Alert: Proposed Legislation Would Make Contractors Liable for Unpaid Wages of Subcontractors
Month: February 2018
Bad Faith by Insured Should Have Resulted in Sanctions but Only Resulted in Loss
Barry Zalma | Zalma on Insurance | January 29, 2018 Waiting More than a Year After Default is Always Prejudicial When an insured delayed notifying his insurer of his need for coverage was both unexcused and unreasonable. When the action was commenced against the insured in 2010, a reasonably prudent person would have understood that… Continue reading Bad Faith by Insured Should Have Resulted in Sanctions but Only Resulted in Loss
Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?
Jeffrey M. Gallant and Scott D. Garbo | Clark Hill | February 14, 2018 Do architects and engineers owe a common law duty (i.e. non-contractual duty) to Contractors or Owners for alleged negligence, errors, or omissions when performing services? That answer may depend on what services are at issue. A recent unpublished Michigan Court of… Continue reading Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?
Ambiguity Kills in Construction Contracting
Christopher G. Hill | Construction Law Musings | February 7, 2018 Well, I’m back and hope to have a more consistent publishing schedule moving forward. I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months. Now, back to our program. . . Here at… Continue reading Ambiguity Kills in Construction Contracting
Construction Defect Claim Must Be Defended Under Florida Law
Tred R. Eyerly | Insurance Law Hawaii | February 7, 2018 The Eleventh Circuit found that the insured caused property damage to areas beyond its own work, obligating the insurer to defend. Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass’n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017). The condominium association contracted with… Continue reading Construction Defect Claim Must Be Defended Under Florida Law