Anthony J. LaPlaca | Seyfarth Shaw For projects that involve excavation or foundation work, even the most diligent pre-bid site survey may not fully inform the contractor of what conditions to expect below the surface. The risks of encountering unforeseen subsurface conditions are so high that, rather than encouraging bidders to include large contingencies in… Continue reading What Lies Beneath (And Who Pays for It?): Common Issues Arising Under the Differing Site Conditions Clause
Month: May 2020
The Mischief That Arbitrators May Do: Clause Construction Award Enables Class Arbitration
Gilbert Samberg | Mintz If we needed a reminder of why the “delegation” question – i.e., whether parties have agreed that gateway arbitrability issues should be adjudicated in the first instance by an arbitrator rather than by a court – is important, a recent decision by the Fifth Circuit Court of Appeals should do the… Continue reading The Mischief That Arbitrators May Do: Clause Construction Award Enables Class Arbitration
So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?
William L. Porter | Porter Law Group The Contractors’ State License Board (“CSLB”) represents the interests of the public in California construction matters. In the field of California construction, the CSLB is all powerful. The agency has the right to suspend the license of any contractor or subcontractor who does not pay on a construction… Continue reading So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?
HB 20-1046 – Private Retainage Reform – Postponed Indefinitely
David McLain | Colorado Construction Litigation On Tuesday, February 18th, the Colorado House Business Affairs & Labor Committee voted 10-0 to postpone indefinitely House Bill 1046. If it had been enacted, HB 1046 would have required, for all construction contracts of at least $150,000: A property owner to make partial payments to the contractor of any… Continue reading HB 20-1046 – Private Retainage Reform – Postponed Indefinitely
Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory
Tred R. Eyerly | Insurance Law Hawaii The federal district court for the district of Hawaii determined that the insurer could recover defense costs from an additional insured consistent with its Reservation of Rights letter under an unjust enrichment theory. Giga, Inc. v. Kiewit Infrastructure W. Co., 2020 U.S. Dist. LEXIS 10151 (D. Haw.… Continue reading Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory