Stacy L. LaScala | Construction Executive Construction mediation can occur during or after construction and prior to or during arbitration or litigation. But, regardless of when a construction mediation occurs, its success often depends on the parties’ willingness to exchange critical information well in advance of the mediation session. TIPS FOR THE CONSTRUCTION PRACTITIONER 1.… Continue reading Construction Mediation Tips for Practitioners and ‘Eyes Only’ Tips for Construction Mediators
Month: December 2022
Construction Contract Tip – Subcontractors, Don’t Waive Your Right to a Lien
Sam DeBaltzo | Tonkon Torp In the course of reviewing construction subcontracts, I’ve recently seen provisions similar to the following (simplified for convenience and confidentiality): “The subcontractor shall reimburse the [Contractor and/or Owner] for any costs and expenses for any claim, obligation, or lien that arises from the performance of the work.” “The subcontractor shall… Continue reading Construction Contract Tip – Subcontractors, Don’t Waive Your Right to a Lien
No Coverage for Subcontractor’s Faulty Workmanship
Tred R. Eyerly | Insurance Law Hawaii Finding faulty workmanship that did not cause property damage beyond the subcontractor’s work, the court found there was no coverage under the CGL policy. Middlesex Ins. Co. v. Dixie Mech., Inc., 2022 U.S. Dist. LEXIS 175190 (N. D. Ga. Sept. 27, 2022). The case involved… Continue reading No Coverage for Subcontractor’s Faulty Workmanship
Licensing Mistakes That Can Continue to Haunt You
Alexa Stephenson and Rick Seely | Compliance Construction Litigation Today there are nearly 290,000 contractors licensed in California. This number continues to grow as California law requires businesses or individuals who alter any road or structure to be licensed contractors if the total cost of the project is $500 or more (including labor and materials).… Continue reading Licensing Mistakes That Can Continue to Haunt You
PSA: Pay If Paid Ban Goes into Effect on January 1, 2023
Christopher G. Hill | Construction Law Musings I have written a couple of times here at Musings regarding the new pay-if-paid legislation passed by the General Assembly last session. While the statute has some inconsistencies and a working group has made some recommendations, the legislation as passed will go into effect on January 1, 2023, without any changes (at least… Continue reading PSA: Pay If Paid Ban Goes into Effect on January 1, 2023