Amandeep S. Kahlon and J. David Pugh | Buildsmart Like many states, Minnesota requires subcontractors and suppliers to send pre-lien notices to owners to perfect mechanic’s lien rights. Failure to comply with the pre-lien notice statute can prove fatal to a lien enforcement action as one masonry supplier recently learned. In Timberwall Land & Masonry Products,… Continue reading Notice Your Lien or Kiss it Goodbye
Month: July 2020
Seeking Certainty in Uncertain Times: Employing Cost-Plus Construction Contracts in 2020
Janeia Brounson and Carl Pebworth | Faegre Drinker With the uncertainty of COVID-19 impacting construction projects in new and unfamiliar ways, choosing the right construction contract format has never been more important. A cost-plus contract — also known as a cost-reimbursement contract — can offer an attractive project format in the current construction environment. Defining… Continue reading Seeking Certainty in Uncertain Times: Employing Cost-Plus Construction Contracts in 2020
Resulting-Loss Exception Does Not Restore Coverage For Faulty Workmanship
Larry P. Schiffer | Insurance and Reinsurance Disputes Blog The faulty workmanship exclusion precludes coverage where the claimed damage is caused by or resulting from an act, error or omission (negligent or not) that relates to the design, specifications, construction, materials or workmanship. Can coverage nevertheless be restored by the resulting-loss exception to the exclusion? … Continue reading Resulting-Loss Exception Does Not Restore Coverage For Faulty Workmanship
Sanctions Award Against Pro Se Plaintiff Upheld
Tred R. Eyerly | Insurance Law Hawaii The plaintiff’s failure to timely name an expert witness in his bad faith action led to sanctions being awarded against him in favor of the insurer. Black v. Fireman’s Fund Ins. Co., 2020 Cal. App. Unpub. LEXIS 2477 (Cal. Ct. App. April 23, 2020). After… Continue reading Sanctions Award Against Pro Se Plaintiff Upheld
Priority of Liability Insurance Coverage and Horizontal and Vertical Exhaustion
David Adelstein | Florida Construction Legal Updates Recently, I participated in a webinar involving the horizontal and vertical exhaustion of insurance coverage. Say what? This pertains to the PRIORITY of liability insurance coverage and the interface between a general contractor’s (or upstream party’s) primary insurance and the subcontractor’s (or downstream party’s) excess insurance, particularly when the general contractor… Continue reading Priority of Liability Insurance Coverage and Horizontal and Vertical Exhaustion