Christopher T. Tassone | Frost Brown Todd The coronavirus pandemic has impacted every business and level of our society. The development and construction industry is no exception. While many projects may be able to continue operating because construction is deemed to be an essential or eligible business function, the construction industry is nonetheless required to… Continue reading Novel Approaches to Novel Challenges Facing the Development and Construction Industries
Month: June 2020
Pay-When-Paid: What is a Reasonable Amount of Time to Withhold Payments to a Subcontractor?
Brent R. Laman | Smith Currie & Hancock In an early Rolling Stones classic, Mick Jagger sang, “Ti-i-i-ime is on my side.” The refrain to that hit melody “yes it is” appears to hold true if you are a subcontractor in New York looking to get paid for completed work even while the owner and… Continue reading Pay-When-Paid: What is a Reasonable Amount of Time to Withhold Payments to a Subcontractor?
Choice of Laws Test Mandates Application of California’s Continuous and Progressive Trigger of Coverage to Asbestos Claims
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In Textron v. Travelers Casualty and Surety Co. (No. B262933, filed 2/25/20), a California appeals court held that the Restatement’s choice of laws factors mandated application of California’s continuous and progressive trigger of coverage to asbestos claims, overcoming an argument that a manifestation trigger should apply… Continue reading Choice of Laws Test Mandates Application of California’s Continuous and Progressive Trigger of Coverage to Asbestos Claims
The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem
Kenneth E. Rubinstein and Nathan Fennessy | Construction Executive Having an end date for risk is important to construction professionals who need to know when they can close their books and destroy files relating to old projects. While professionals typically look to the statute of limitations and repose, these deadlines can sometimes be harder to… Continue reading The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem
Now is the Time for Construction Impact Claims
Alexandra Elena Busch and Christopher Moore Sweeney | Cozen O’Connor As most states, counties, and municipalities across the country lift restrictions on businesses and travel, it is easy to think the worst is behind us, especially for the construction industry. However, this is exactly when contractors should be evaluating their records and considering whether to… Continue reading Now is the Time for Construction Impact Claims