Kathryn Rattigan | Construction Law Zone As our previous post stated, the commercial use of drones, or small unmanned aerial systems (sUAS), for urban real estate and construction has gained some traction with the passage of the New York City Council’s bill requiring the Department of Buildings (DOB) to study the feasibility of using sUAS to inspect building facades.… Continue reading Guidance on Using Drones for Real Estate and Construction in Dense Cities: How Much Does the Public Value Privacy? (Part II)
Month: October 2020
Minnesota Supreme Court Issues Ruling on First-Party Bad Faith Statute
Gina M. Foran | Duane Morris The Minnesota Supreme Court issued its long-anticipated ruling regarding the requirements an insured must prove in order to satisfy the state’s first party bad faith statute. Minn. Stat. § 604.18 creates a direct cause of action by an insured against its insurer if the insurer fails to act in… Continue reading Minnesota Supreme Court Issues Ruling on First-Party Bad Faith Statute
Georgia Owners and Contractors: Time to Update Your Lien Waiver Forms and Other Contract Provisions
Daniel Miktus and Robin N. Johnson | Akerman Construction owners and contractors in Georgia rely heavily upon the statutory protections provided by Georgia’s mechanic’s lien waiver law, O.C.G.A § 44-14-366. Beginning January 1, 2021, these protections will be narrowed under a new law signed by Georgia Governor Brian Kemp on August 5, 2020. Owners and… Continue reading Georgia Owners and Contractors: Time to Update Your Lien Waiver Forms and Other Contract Provisions
Owner Disgorgement Claims Against Unlicensed Contractors Given Short Statute of Limitations
Matthew T. Porter | Smith Currie & Hancock Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, Inc. (2020) 53 Cal.App.5th 1201. Under California Business and Professions Code section 7031(b), “a person who utilizes the services of an unlicensed contractor may bring an action … to recover all compensation paid to… Continue reading Owner Disgorgement Claims Against Unlicensed Contractors Given Short Statute of Limitations
Landmark Contractor Licensing Case Limits Disgorgement Remedy in California
Candace Matson | Construction & Infrastructure Law Blog Contractors performing work in California are required to be licensed by the California State License Board (“CSLB”). Cal. Bus. & Prof. Code §7065. Except for sole proprietors, contractors are typically licensed through “qualifiers,” i.e., officers or employees who take a licensing exam and meet other requirements to… Continue reading Landmark Contractor Licensing Case Limits Disgorgement Remedy in California