Tred R. Eyerly | Insurance Law Hawaii The Federal District Court, District of Hawaii, found the earth movement exclusion barred coverage for the contractor when a landslide damaged the property. North River Ins. Co. v. H.K. Constr. Corp., 2020 U.S. Dist. LEXIS 90110 (D. Haw. May 22, 2020). Bruce and Yulin Bingle… Continue reading Earth Movement Exclusion Precludes Coverage
Month: July 2020
At a Glance: Construction Contracts and Insurance in USA
Michael S. Zicherman | Peckar & Abramson Contracts and insurance Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? Many different form contracts are utilised. The most widely used… Continue reading At a Glance: Construction Contracts and Insurance in USA
Timing Is Everything: Miller Act Notice Defect Saves Surety
Douglas L. Patin, Aron C. Beezley and Amandeep S. Kahlon | Buildsmart The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor written notice of its claim within 90 days of the… Continue reading Timing Is Everything: Miller Act Notice Defect Saves Surety
Champagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the Cake
Garret Murai | California Construction Law Blog Before the Kardashians, before Empire, before Crazy Rich Asians there was Lifestyles of the Rich and Famous with Robin Leach. The next case, Moore v. Teed, Case No. A153523 (April 24, 2020), 1st District Court of Appeals, is about the unfulfilled wishes and dashed dreams of the $13 million… Continue reading Champagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the Cake
“Pay When Paid” Provisions May Not Be Dead, Yet
Garret Murai | California Construction Law Blog Sophisticated contractors know that in California contractual “pay when paid” provisions are enforceable but that “pay if paid” provisions are not. “Pay If Paid” v. “Pay When Paid” Provisions A “pay if paid” provision is one in which a higher tier party agrees to pay a lower tier… Continue reading “Pay When Paid” Provisions May Not Be Dead, Yet