Brian Perlberg | ConsensusDocs Termination for cause is costly and adversarial and has been covered in this article. But can a terminating party use equipment and tools left behind on the worksite (i.e., a crane)? The answer depends on what is in your contract. Under ConsensusDocs, a constructor must give its permission to use any equipment or supplies… Continue reading Leftover Equipment and Materials When a Contractor Is Abruptly Terminated
Month: November 2023
More In-Depth Details on the Davis-Bacon Act Overhaul
Seth C. Wiseman and Angela M. Richie | Construction Executive The U.S. Department of Labor’s finalization of a rule updating the Davis-Bacon Act, the federal law that governs how prevailing wages for federal construction projects can be determined, will have a significant impact on contractors and workers alike in the construction industry. The new rule, in effect,… Continue reading More In-Depth Details on the Davis-Bacon Act Overhaul
Res Judicata not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor
David Adelstein | Florida Construction Legal Updates Can the doctrine of res judicata bar an owner’s claim against the general contractor after the owner also sued and obtained a satisfied judgment against the subcontractor when there are identical, overlapping damages pursued in separate lawsuits. A recent case says, not really. In Pickell v. Lennar Homes, LLC, 48 Fla.L.Weekly D2037a… Continue reading Res Judicata not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor
There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at Residence
Vincent Passarelli | Property Insurance Law Observer A federal court recently held that an insurer may deny coverage under a homeowner’s policy for a “residence premises” when the insured never actually lived at the premises. In Sina Davani v. Travelers Personal Insurance Company and Geico Insurance Agency, LLC, Case No. 22-1244 (D. Kan. October 26, 2023),… Continue reading There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at Residence
Construction Litigation Roundup: “Nearly Smoked Out!”
Daniel Lund III | Phelps Dunbar A concrete subcontractor on a Buc-ee’s project in Alabama filed a lien in excess of $1.6 million. The sub then initiated suit against the general contractor, its surety, and Buc-ee’s. At the trial court, the sub’s claims were chopped down completely, on the basis that the sub was suing… Continue reading Construction Litigation Roundup: “Nearly Smoked Out!”