Amandeep S. Kahlon | Buildsmart On May 29, 2020, in Constr. Drilling, Inc. v. Engineers Constr., Inc., the Vermont Supreme Court upheld a trial court’s judgment in favor of general contractor on an extra work payment dispute. The Supreme Court agreed with the trial court’s conclusion that the subcontractor had encountered a change in the work,… Continue reading Extra Work Claim Waived for Not Following Change Request Procedures
Month: June 2020
Emerging from COVID-19: Impacts to Consider
Charles F. Boland and Barrett L. Richards | The Dispute Resolver The relaxation of COVID-19 stay-at-home orders and reopening of the economy is a prominent news headline. As the return to everyday activity progresses it is important to prepare in advance for this “return to normalcy”, which will almost certainly come in stages, especially as… Continue reading Emerging from COVID-19: Impacts to Consider
Before You Cancel: The Risks of Suspending or Terminating Work
Rachel Burkhart and Michael Lapicola | Faegre Drinker Biddle & Reath Over the past few months, an increasing number of owners have decided to halt, cancel or postpone their construction projects. Concerns about health and safety, decreased demand and changed financial circumstances have all prompted owners to sit down and reassess their portfolios. Financial instability… Continue reading Before You Cancel: The Risks of Suspending or Terminating Work
Does Your Construction Contract Involve Interstate Commerce? If So, Expect Your Arbitration Agreement to Be Enforced
Jim Archibald, Ryan L. Beaver & Amandeep S. Kahlon | Buildsmart Whether an arbitration agreement is enforceable is a frequently litigated matter in construction disputes. Federal policy strongly favors arbitration. Typically, the Federal Arbitration Act (FAA) will preempt any contrary state law that might otherwise void an arbitration provision. On June 10, 2020, the South… Continue reading Does Your Construction Contract Involve Interstate Commerce? If So, Expect Your Arbitration Agreement to Be Enforced
Don’t Conspire to Build a Home…Wait…What?
Ben Volpe | Colorado Construction Litigation In 1986, the Colorado General Assembly enacted the Pro Rata Liability Act, codified at C.R.S. § 13-21-111.5, which eliminated joint and several liability for defendants in favor of pro rata liability.[1] The statute was “designed to avoid holding defendants liable for an amount of compensatory damages reflecting more than their respective… Continue reading Don’t Conspire to Build a Home…Wait…What?