Edward Federico and Kimberly Reome | HKA Case example: A 20-story apartment building is under construction in a major USA city’s downtown. The owner and general contractor established a contract with a guaranteed maximum price of $50 million and planned for a two-year construction schedule. The contractor lined up the subcontractors and started the foundation… Continue reading The Coming Wave of Construction Disputes – Supply Chain Disruptions and Material Price Increases
Month: March 2023
Everything You Need To Know About The New California Construction Laws
Ryan Molloy | Bohm, Wildish & Madsen The California construction laws are regulations designed to protect homeowners and workers. These laws are updated yearly to accommodate the latest technologies and industry standards. The reason behind the stricter laws is to reduce the number of injuries and fatalities that happen on construction sites. These laws ensure… Continue reading Everything You Need To Know About The New California Construction Laws
New Jersey Appellate Division Confirms Enforceability of Pay-if-Paid Provisions
Jacob Perskie and Lauren Wright | Fox Rothschild In a case of first impression, the New Jersey Appellate Division has finally formally recognized the enforceability of pay-if-paid clauses in New Jersey, so long as those clauses clearly and unambiguously establish a condition precedent to payment of the subcontractor. JPC Merger Sub LLC v. Tricon Enter., Inc.,… Continue reading New Jersey Appellate Division Confirms Enforceability of Pay-if-Paid Provisions
Known Means Known: Eleventh Circuit Requires Actual Knowledge to Trigger Insured’s Notice Obligation
Miguel Rodriguez | PropertyCasualtyFocus In Frankenmuth Mutual Insurance Co. v. Brown’s Clearing Inc., the Eleventh Circuit Court of Appeals affirmed an Alabama district court’s ruling that the insured was not required to give notice of an underlying lawsuit until the insured had actual knowledge of the suit. Brown’s Clearing, a tree clearing company, hired a subcontractor… Continue reading Known Means Known: Eleventh Circuit Requires Actual Knowledge to Trigger Insured’s Notice Obligation
A Contractor’s Right to Cure Will Extinguish
Joseph Riley | Bricker & Eckler In Deborah Pavlescak. v. Ohio Concrete Resurfacing, Inc.[1], the parties executed an agreement for the resurfacing of the garage floor owned by Ms. Pavlescak with natural stone flooring. After Ohio Concrete Resurfacing, Inc. (Resurfacing) completed the resurfacing of the garage floor, Ms. Pavlescak contacted Resurfacing complaining of bubbling, tackiness and… Continue reading A Contractor’s Right to Cure Will Extinguish