Anthony Chwastyk | Cohen Seglias Pallas Greenhall & Furman Of the countless issues contractors face on a construction project, immediate problems like scheduling, workforce, payment, and materials supply often overshadow intellectual property concerns. But, they shouldn’t—especially for the design-build contractor. Given the resources the construction design process takes up, these builders need to protect investments… Continue reading The Hidden Risk in Design-Build Project Negotiations: Copyrights
Month: April 2021
Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717
Tony Carucci | Real Estate Litigation Blog California Civil Code section 1717 entitles the prevailing party to attorneys’ fees “[i]n any action on a contract,” where the contract provides for an award of attorneys’ fees to the prevailing party, regardless of whether the prevailing party is the party specified in the contract or not. But… Continue reading Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717
Excusable Delay and Builder’s Risk: A Reminder to Weatherproof Your Contracts
Timothy Fandrey | Texas Construction Law Blog The winter storm that brought snow, freezing temperatures, power outages, frozen water lines and bursting pipes to Texas, shutting down most construction projects in the process, forced many contractors and owners to take a look that their contracts to determine who is responsible for the ensuing delays and… Continue reading Excusable Delay and Builder’s Risk: A Reminder to Weatherproof Your Contracts
Highlights from the AAA’s New Publication on Discovery Best Practices
R. Thomas Dunn and David Fitzpatrick | Pierce Atwood The American Arbitration Association (“AAA”) released recommendations for AAA Construction Advocates and Arbitrators with regard to best discovery practices and tips for Construction Arbitration. See American Arbitration Association Discovery Best Practices for Construction Arbitration (“Best Practices”). Through the AAA National Construction Dispute Resolution Committee, our own John Bulman played a key… Continue reading Highlights from the AAA’s New Publication on Discovery Best Practices
Death of Subcontractor’s Unjust Enrichment Claim Against Project Owner
David Adelstein | Florida Construction Legal Updates In a previous article, I discussed a subcontractor’s unjust enrichment claim against a project’s owner and the death of this equitable claim if the owner fully paid the general contractor or paid the general contractor for the subcontractor’s work. This can be best summarized from a very short 1995 opinion… Continue reading Death of Subcontractor’s Unjust Enrichment Claim Against Project Owner