Meghan Hunter Harrison | Troutman Pepper Virginia has joined the ranks of states that ban “pay-if-paid” clauses. Contingent payment clauses, like “pay-if-paid” and “pay-when-paid” clauses, protect contractors: A contractor need not pay its subcontractors or suppliers until the owner pays the contractor. A “pay-if-paid” clause conditions a subcontractor’s right to payment on the owner paying the contractor.… Continue reading Virginia Bans Pay-If-Paid Clauses to Protect Construction Subcontractors
Month: March 2023
Win for Contractors on Start Time of Florida Construction Statute of Repose
Jason Bullinger | Rumberger Kirk Last October, Rumberger attorney Jason Bullinger and attorney Dan Webster at Daniel J. Webster, P.A. obtained a win for Florida contractors, engineers, and architects by persuading a Volusia County Circuit judge that a condominium Association’s lawsuit was barred by Florida’s ten-year statute of repose (Opus Condominium Association, Inc. v. Associated Construction Group… Continue reading Win for Contractors on Start Time of Florida Construction Statute of Repose
Fire Investigations and the Internet of Things
Nicholas W. Siewert | Litigation Defenders The advancements in technology have resulted in the increased connectivity of devices and even whole building systems. This means the Internet of Things (IoT) is an additional tool for fire investigations. Over the last 10 years, modern construction has increased the use of integrated IoT building management systems, which… Continue reading Fire Investigations and the Internet of Things
Seventh Circuit Finds Notice-of-Impairment Exclusion Bars Coverage for Warehouse Fire
Alex M. Bein | PropertyCasualtyFocus In Frankenmuth Mut. Ins. Co. v. Fun F/X II, Inc., the U.S. Court of Appeals for the Seventh Circuit considered whether loss from a warehouse fire was excluded from coverage because of the insureds’ failure to notify the insurer of a known impairment to the building’s fire protection systems prior to… Continue reading Seventh Circuit Finds Notice-of-Impairment Exclusion Bars Coverage for Warehouse Fire
Construction Litigation Roundup: “Apparently, We Are Still in Kansas”
Daniel Lund III | Phelps Dunbar Apparently, we are still in Kansas. A subcontractor surety sued in Kansas state court by a general contractor and seeking to “get out of Dodge” removed the state case to federal court and then asked the federal court to transfer the matter to Washington state. In fact, the roughly… Continue reading Construction Litigation Roundup: “Apparently, We Are Still in Kansas”