David Adelstein | Florida Construction Legal Updates Common law indemnity is not an easy claim to prove as the one seeking common law indemnity MUST be without fault: Indemnity is a right which inures to one who discharges a duty owed by him, but which, as between himself and another, should have been discharged by the… Continue reading Contractor Prevailing Against Subcontractor on Common Law Indemnity Claim
Month: July 2020
Will Subcontractor Default Insurance Still Have Value in the Recovering Economy?
Nicole Lentini and Rebecca Clawson Juhl | Construction Law Blog The COVID-19 pandemic has burdened subcontractors with workforce shortages, supply chain issues, and financial difficulties. Therefore, as states lift their stay-at-home orders issued to limit the spread of COVID-19 and construction projects resume, subcontractors’ ability to complete demanding, time-sensitive projects might be impacted. Subcontractor default… Continue reading Will Subcontractor Default Insurance Still Have Value in the Recovering Economy?
Questions To Ask When Changing Your Arbitration Clause
Jay Ramsey and Abby Meyer | Class Action Defense Strategy Blog In a prior post (here), we highlighted some questions that companies may want to ask when evaluating whether their arbitration clauses are enforceable. If changes need to be made to those clauses, then companies should consider how to implement those changes so as to… Continue reading Questions To Ask When Changing Your Arbitration Clause
Contract Provisions That Help Manage Risk on Long-Term Projects
Jason Lambert | Construction Executive Few things can dampen the thrill and promise of a newly closed construction deal than the realization that it could quickly become a losing proposition for the contractor depending on economic and other conditions. In an era of instant information, constantly adjusting markets and political extremes, projects that start under… Continue reading Contract Provisions That Help Manage Risk on Long-Term Projects
A Challenge Regarding the Interpretation of a Project Condition of Approval may be Filed More than 90 Days Following the Project Approval
David Blackwell | Allen Matkins On June 25, 2020, the Fifth Appellate District decided Honchariw v. County of Stanislaus, holding that an applicant’s challenge to a local agency’s interpretation of a project condition of approval was not barred by the Subdivision Map Act’s statute of limitations because it was not a challenge to the validity of a condition of approval.… Continue reading A Challenge Regarding the Interpretation of a Project Condition of Approval may be Filed More than 90 Days Following the Project Approval