Dennis J. Artese, Finley T. Harckham and Luma S. Al-shibib | Construction Executive In the construction industry, owner-controlled insurance programs (OCIPs) and contractor-controlled insurance programs (CCIP), also referred to as “wrap-ups,” commonly are used to provide insurance coverage for the owner, general contractor and subcontractors on a project. Part I previously covered the basics and implementation of… Continue reading Construction Wrap-Up Insurance Programs: Erecting a Solid Foundation, Part II
Month: May 2020
“Pay-When-Paid”: Is there a “Reasonable Time” for Subcontractors to Wait for Payment Once Contractor-Owner Litigation Ensues?
Christopher M. Wise | The Dispute Resolver Obviously, subcontractors prefer to be paid within a reasonable time, but the issue of what constitutes a “reasonable time” has been a conundrum many states have tackled over the years. From “pay-if-paid” to “pay-when-paid” provisions, states have either adopted one, both, or neither of these commonly controversial, heavily… Continue reading “Pay-When-Paid”: Is there a “Reasonable Time” for Subcontractors to Wait for Payment Once Contractor-Owner Litigation Ensues?
Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
John J. Gazzola | ConsensusDocs Skanska USA Bldg., Inc. v. J.D. Long Masonry, Inc., No. SAG-16-933, 2019 BL 336852, 2019 US Dist Lexis 152787 (D. Md. Sept. 9, 2019) This case concerns calculation of a damages award to a general contractor, Skanska USA Building, Inc., on its claim for breach of contract against its masonry… Continue reading Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
David McLain | Colorado Construction Litigation On January 27th, Senator Robert Rodriguez introduced SB 20-138 into the Colorado Legislature. The bill has been assigned to the Senate Judiciary Committee and has not yet been scheduled for its first hearing in that committee. In short, Senate Bill 20-138, if enacted, would: 1) Extend Colorado’s statute of repose for construction defects from 6+2 years… Continue reading Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
Unions Don’t Always Get Their “Dues”
Parker Allred and Mark Morris | Snell & Wilmer In McDonald v. Fidelity & Deposit Company of Maryland, 2020 UT 11, the Utah Supreme Court recently shed additional light on what is and what is not recoverable under the public payment bond statute, Utah Code Ann. § 63G–6–505(4). Initially, this case arose out of a… Continue reading Unions Don’t Always Get Their “Dues”