John S. McCool and David Hill Bashford | Bradley As common practice, general contractors require a subcontractor to sign a release of claims for each progress payment as a condition for receiving that payment. Nearly every general contractor requires a subcontractor to sign a final release and waiver of all claims prior to receiving a… Continue reading When a General Release and Waiver is not a General Release and Waiver
Month: November 2022
A Developer’s Guide to the Builder’s Remedy
Korinna Anderson and Caroline Guibert Chase | Allen Matkins The so-called “Builder’s Remedy” under the Housing Accountability Act (HAA) is disciplinary and applies when a local jurisdiction has not adopted a revised Housing Element in compliance with state law, in which case the local jurisdiction cannot deny a qualifying housing development project even if it… Continue reading A Developer’s Guide to the Builder’s Remedy
Mechanics’ Liens and Public Improvements: A Primer
Mark Evans and Christopher McCloskey | Bricker & Eckler Mechanics’ liens on public construction projects are a fact of life. Although they may seem familiar, it does not pay to regard them too casually. Mechanics’ liens are statutory creatures, and anyone dealing with them needs to follow the statutory procedure precisely to avoid undesirable consequences.… Continue reading Mechanics’ Liens and Public Improvements: A Primer
The Debate: Arbitration or Court: Know the Pros and Cons
David K. Taylor and Kyle M. Doiron | Bradley Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of court or arbitration. Trial courts, overwhelmed by a flood of… Continue reading The Debate: Arbitration or Court: Know the Pros and Cons
Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor
Tred R. Eyerly | Insurance Law Hawaii A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor’s faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co.,… Continue reading Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor