Jason Strickland | Ward and Smith As the economic crisis stemming from the coronavirus pandemic unfolds, it is ever more important that contractors and subcontractors protect their payment rights and avoid the risk of double payment; i.e., the risk of having to pay twice for the same work. On private projects in North Carolina, one… Continue reading The Notice of Contract Mechanism: How Contractors Can Avoid Double Payment
Month: August 2020
DC Court Finds No Coverage for COVID-19 Losses Where Plaintiffs Could Not Show That Property Sustained Direct Physical Loss
Heidi Hudson Raschke | Property Casualty Focus For going on five months, the United States has been dealing with the difficult impact of the COVID-19 pandemic, which has disrupted daily lives and sometimes devastated businesses. In looking for sources of economic recovery, businesses want to turn to their commercial property policies, but, as this blog has explained,… Continue reading DC Court Finds No Coverage for COVID-19 Losses Where Plaintiffs Could Not Show That Property Sustained Direct Physical Loss
Georgia Governor Signs Bill To Legislatively Overrule Court Decision Construing Lien and Bond Waivers to Waive All Rights – But Bill Is Not Effective Until 2021
R. Lee Mann and Jacob Edwards | Kilpatrick Townsend & Stockton On August 5, 2020, the Governor of Georgia signed Senate Bill 315 to legislatively overrule a September 2019 decision by the Georgia Court of Appeals on the effect of a lien claimant’s failure to withdraw a lien waiver using the statutory process for invalidating… Continue reading Georgia Governor Signs Bill To Legislatively Overrule Court Decision Construing Lien and Bond Waivers to Waive All Rights – But Bill Is Not Effective Until 2021
Value in Recording Lien Within Effective Notice of Commencement
David Adelstein | Florida Construction Legal Updates Construction lien priority is no joke! This is why a lienor wants to record its construction lien within an effective notice of commencement. A lien recorded within an effective notice of commencement relates back in time from a priority standpoint to the date the notice of commencement was recorded. A… Continue reading Value in Recording Lien Within Effective Notice of Commencement
Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes
Garret Murai | California Construction Law Blog Sometimes it’s right there before your eyes. Then, poof, it’s gone. This was the experience of one insured, who brought a bad faith insurance denial claim against his insurer thinking that the facts were in his favor, only to discover they were not. The 501 E. 51st Street… Continue reading Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes