Jonathan R. Mayo | Smith Currie | September 10, 2018 A “constructive change” occurs when an owner action or omission not formally acknowledged by the owner to be a change in the contact’s scope of work forces the contractor to perform additional work. Constructive changes are not formal change orders, but informal changes that could… Continue reading Constructive Changes – A Primer
Month: October 2018
Court Upholds Denial of Collapse Coverage Where Building Still Stands
Tred R. Eyerly | Insurance Law Hawaii | August 29, 2018 The Michigan Court of Appeals affirmed the trial court’s decision finding the policy’s collapse coverage did not apply. Cmty. Garage v. Auto-Owners Ins. Co., 2018 Mich. App. LEXIS 2680 (Mich. Ct. App. June 19, 2018). The insured operated a truck repair business. In June 2016,… Continue reading Court Upholds Denial of Collapse Coverage Where Building Still Stands
When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an Arbitration Clause Does Not Grant Subcontractors a Right to Compel Arbitration With Owner
R. Zachary Torres-Fowler | Pepper Hamilton LLP | September 27, 2018 Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims against them by virtue… Continue reading When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an Arbitration Clause Does Not Grant Subcontractors a Right to Compel Arbitration With Owner
What Constitutes a Dwelling or Building Under Construction or Renovation For Purposes of a Vacancy Exclusion?
Edward Eshoo | Property Insurance Coverage Law Blog | October 8, 2018 The typical vacancy provision in a homeowners property insurance policy is patterned after the Insurance Services Office (ISO) Homeowners 3-Special Form (HO-3 form)1 and excludes coverage for damage caused by vandalism if the dwelling has been vacant for more than 60 consecutive days before… Continue reading What Constitutes a Dwelling or Building Under Construction or Renovation For Purposes of a Vacancy Exclusion?
Washington Supreme Court Reaffirms Compliance with Contractual Notice Requirements
Jennifer McMillan Beyerlein | Lane Powell PC | September 27, 2018 Today, the Washington Supreme Court unanimously held that failure to satisfy a “notice of protest” provision bars all claims for protested work — including claims for breach of the covenant and fair dealing and claims for expectancy and consequential damages. In Nova Contracting, Inc. v.… Continue reading Washington Supreme Court Reaffirms Compliance with Contractual Notice Requirements