Anna-Bryce Hobson | Bradley Arant Boult Cummings A Connecticut appellate court recently issued a reminder to contractors throughout the US that it is always better to “under promise and over deliver” when it comes to setting schedule expectations for customers on a project. As the court found that a subcontractor’s false promises to a general… Continue reading Under Promise, Over Deliver: Sub Found Liable for False Updates
Month: February 2023
The Shifting Tide Against Contingent Payment Provisions in Construction Subcontracts
Jackson S. Nichols and Nicholas Morello | Cohen Seglias Pallas Greenhall & Furman In construction subcontracts, contingent payment provisions like “pay-if-paid” and “pay-when-paid” clauses are being banned in an increasing number of states. “Pay-if-paid” clauses state that a subcontractor will not be paid by the general contractor for their work unless the owner pays the… Continue reading The Shifting Tide Against Contingent Payment Provisions in Construction Subcontracts
Smart Contracts—The Good, the Bad and the Unknown of Blockchain Technology in the Construction Industry
Lori Wisniewski Azzara and Nicholas M Bencsics | Cohen Seglias Pallas Greenhall & Furman As the construction industry operates within the digital era, the complexity of the sector continues to evolve. Because there are various parties and stakeholders involved on a construction project, there are competing interests with the same goal of pushing risk onto… Continue reading Smart Contracts—The Good, the Bad and the Unknown of Blockchain Technology in the Construction Industry
California Expands on Scope of Coverage for Soft Cost Claims
Caitlin N. Rabiyan | SDV Insights The California federal district court case of KB Home v. Illinois Union Insurance Co., No. 8:20-cv-00278-JLS-JDE, (C.D. Cal. August 23, 2022), provides much needed guidance for cases involving builder’s risk insurance claims for soft cost coverage. The case stems from damage to several of KB Home’s residential building sites caused… Continue reading California Expands on Scope of Coverage for Soft Cost Claims
Key Provisions for Every Subcontractor Agreement
Trent Cotney | Adams and Reese When prime contractors and subcontractors do business together, success is reliant upon clear, effective communication. And that communication starts with the contract. Both parties must be aware of their responsibilities and liabilities, and those details lie in the contract provisions. What follows are important stipulations to consider. Scope of… Continue reading Key Provisions for Every Subcontractor Agreement