Christopher G. Hill | Construction Law Musings Remember that case where “substantial compliance” was enough for the proper enforcement of your mechanic’s lien rights? Remember how I said maybe it was an outlier? Remember how the Virginia General Assembly modified the statute and the statutory forms to account for the ambiguity discussed in the Desai case? Remember how Virginia mechanic’s… Continue reading Maybe Close Enough Still Counts with Mechanic’s Liens?
Month: May 2020
Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose
William Boerler | The Subrogation Strategist In Hensel Phelps Constr. Co. v. Superior Court, 257 Cal. Rptr. 3d 746 (Cal. Ct. App. 2020), the Court of Appeals of California, Fourth Appellate District, addressed whether a party’s contractual definition of the phrase “substantial completion” controlled the trigger date for California’s construction-related statute of repose, Cal. Civ. Code… Continue reading Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose
Back to Work Planning for the Construction Industry
David M. Lick and Alaina M. Nelson | Foster Swift Collins & Smith Re-opening after interrupted operations by COVID-19 will require keen attention to planning for previously unheard of requirements. There is a real possibility of the following concerns: Scarcity of key laborers including skilled trades as well as internet and IT employees and management… Continue reading Back to Work Planning for the Construction Industry
ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles
Albert Bates, Jr. and R. Zachary Torres-Fowler | Pepper Hamilton Days after the World Health Organization declared the COVID-19 outbreak a global pandemic, governments from around the world scrambled to enact measures aimed at mitigating the spread of the virus. In the United States, cities and states have enacted travel restrictions, issued shelter-in-place orders, and… Continue reading ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles
Georgia House Bill Addresses Construction Statute of Repose
Jason Gropper | Autry, Hall & Cook On March 2, 2020, by a unanimous vote, the House passed HB 968. This Bill seeks to clarify which civil actions are subject to Code Section 9-3-51, which is the eight-year statute of repose for deficiencies in connection with improvements to realty. If passed by the General Assembly, it would explicitly state that the statute of repose will not apply to breach of express warranties. If the… Continue reading Georgia House Bill Addresses Construction Statute of Repose