Gregory M. Boucher | Saul Ewing Arnstein & Lehr A Delaware trial court, applying New Jersey and Delaware law, recently ruled that a general contractor, despite not being a party to either a loan agreement or loan commitment, could successfully recover damages from a construction lender. See BCD Assocs., LLC v. Crown Bank, No. CV N15C-11-062… Continue reading Construction Lender Found Liable for Payments to General Contractor Despite Lack of Contractual Relationship
Month: July 2022
Virginia Prohibits Pay-If-Paid Clauses and Limits Pay-When-Paid Language
Daniel Miktus and Jeffrey G. Gilmore | Akerman On April 27, 2022, Virginia Governor Glenn Youngkin ratified amendments to two Virginia statutes, prohibiting pay-if-paid clauses in construction contracts, and limiting the effectiveness of pay-when-paid clauses in certain agreements. Pay-if-paid clauses generally provide that payment from a construction project owner to the general contractor is a… Continue reading Virginia Prohibits Pay-If-Paid Clauses and Limits Pay-When-Paid Language
California Appellate Court Rules That Mistakenly Grading The Wrong Land Is Not An Accident
Jared De Jong and Scott S. Thomas | Payne & Fears In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong piece of land because the act of grading land… Continue reading California Appellate Court Rules That Mistakenly Grading The Wrong Land Is Not An Accident
Wildfire Insurance Coverage Series, Part 5: Valuation of Loss, Sublimits, and Amount of Potential Recovery
Scott P. DeVries | Hunton Andrews Kurth Insurance policies provide different levels of insurance coverage and even if the amount purchased was adequate at one time, developments over time (e.g., inflation, upgrades, regulatory changes and surge pricing) may leave the policyholder underinsured. In this post in the Blog’s Wildfire Insurance Coverage Series, we emphasize the… Continue reading Wildfire Insurance Coverage Series, Part 5: Valuation of Loss, Sublimits, and Amount of Potential Recovery
When is a Contractor’s Termination for Default Proper? When it Does Bad Things!
Matthew DeVries | Best Practices Construction Law Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, who just “looks like” she’s up to no good. In the world of construction contracting, both can get in you in trouble, including… Continue reading When is a Contractor’s Termination for Default Proper? When it Does Bad Things!