Steven M. Cvitanovic | Haight Brown & Bonesteel | January 25, 2018 A torrent of alerts have been flooding e-mail inboxes regarding the California Supreme Court’s decision in McMillin v. Superior Court, to reverse the Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC (2013) case, but with little discussion about the practical effects of the ruling.This alert will… Continue reading CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?
Month: February 2018
Utah’s Portable Classrooms Put Kids at Risk, Engineering Experts Say
Benjamin Wood | Salt Lake Tribune | January 24, 2018 Civil engineering and architectural groups urge tougher building standards on 100s of units, saying Utah lacks clear rules for anchoring modular classrooms to the ground, potentially putting thousands of students in danger. Each school day, tens of thousands of Utah children make their way into… Continue reading Utah’s Portable Classrooms Put Kids at Risk, Engineering Experts Say
Louisiana First Circuit Holds that Private Works Act Surety Cannot Raise Pay-if-Paid Defense
Mark W. Frilot, Mark W. Mercante | Baker Donelson | January 25, 2018 The Louisiana First Circuit recently held that a Private Works Act payment bond surety cannot raise a pay-if-paid provision in its principal’s contract as a defense to a claim against the bond. Bear Industries, Inc. v. Hanover Insurance Co. involved the construction of… Continue reading Louisiana First Circuit Holds that Private Works Act Surety Cannot Raise Pay-if-Paid Defense
Bad Facts Make Bad Law – Condo Version
Stan Martin | Commonsense Construction Law LLC | January 20, 2018 Condo bylaws that restrict the ability of a condo board to sue the developer came in a for a beating by the Massachusetts Supreme Judicial Court. While refusing to prohibit all restrictive bylaws, the Massachusetts high court roundly criticized the bylaws in question. Deservedly… Continue reading Bad Facts Make Bad Law – Condo Version