Joe Virene | Gray Reed & McGraw Texas surety law contains obscure procedural rules that can have outsized consequences. Chapter 43 of the Civil Practice and Remedies Code is an important example. Applicability This chapter applies to everything that is a “surety” as defined by the statute. The statute’s definition includes “an endorser, a guarantor,… Continue reading Obscure But Important Surety and Guarantee Rules
Month: February 2020
Forethought Is Key to Overcoming Construction Calamities
Mitch Cohen | Construction Executive Without warning, an under-construction structure in the southern United States suffered a catastrophic collapse. The tragedy resulted in the death of several people. As a result, engineering and construction post-collapse forensics experts engaged in an 18-month investigation. Those involved in the design and build project included the general contractor hired… Continue reading Forethought Is Key to Overcoming Construction Calamities
I am not Being Paid – Can I Suspend my Works?
Suzannah Fairbairn and Alastair Young | Dentons Why is this question so common? For the construction industry, the uncertain economic climate can mean a lack of cash and liquidity across the supply chain. Employers are increasingly seeking to rely on their contractual rights and remedies to avoid having to pay, or to delay payment. As… Continue reading I am not Being Paid – Can I Suspend my Works?
A Few More 2020 Bills “Crossing Over” in the General Assembly
Christopher G. Hill | Construction Law Musings Last week I posted about a few bills that should be noted by the construction community here in Virginia. Now that the “crossover” (passed Senate bills headed to House and vice versa), here are a couple of other bills that the AGC of Virginia has highlighted that were not included… Continue reading A Few More 2020 Bills “Crossing Over” in the General Assembly
Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor
Tred R. Eyerly | Insurance Law Hawaii Applying Nevada law, the Federal District Court in Florida found that the general contractor was entitled to a defense of claims based upon alleged faulty workmanship of a subcontractor. KB Home Jacksonville LLC v. Liberty Mutual Fire Ins. Co, 2019 U.S. Dist. LEXIS 151235 (M.D. Fla. Sept… Continue reading Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor