John Mark Goodman | BuildSmart Recently, the Oregon Court of Appeals reinstated a contractor’s mechanics lien claim notwithstanding the owner’s offer of payment because the offer was conditioned on the contractor signing a broad lien waiver that would have released other claims. See, Development Northwest, Inc. v. Zhiryada, 329 Or. App. 427 (December 6, 2023). After… Continue reading Contractor’s Refusal to Sign Broad Lien Waiver Does Not Defeat Mechanics Lien
Month: January 2024
Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders
Tamara Bruno and William Miller | Policyholder Pulse Blog The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream of jurisdictions and reversed years-old precedent that severely limited policyholders’ ability to tap their liability coverage for… Continue reading Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders
Empowering Success: The Advantages of Female Attorneys in Construction Defect Law
Alexa Stephenson, Hoosai Kabiri and Ivette Kincaid | Kahana Feld Women belong in all places where decisions are being made ― Ruth Bader Ginsburg Per the most recent U.S. Census records, women make up 50.4% of the U.S. population. It should come as no surprise then that women currently outnumber men in U.S. law schools.… Continue reading Empowering Success: The Advantages of Female Attorneys in Construction Defect Law
Subcontractors Were Not Third-Party Beneficiaries of Waiver of Subrogation Language in a General Contract, Requiring Reversal of Summary Judgment
Brandon R. Clark and Brandon Brauer | Saul Ewing A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates the pitfalls of waiver of subrogation clauses in construction contracts. In XL Insurance America, Inc. v. Lithko Contracting, LLC, et al.,… Continue reading Subcontractors Were Not Third-Party Beneficiaries of Waiver of Subrogation Language in a General Contract, Requiring Reversal of Summary Judgment
Prompt Payment Laws Continue To Trend In Favor Of Contractors
Jeffrey R. Blease and Benjamin J. Morris | Foley & Lardner Prompt payment laws continue to disrupt the construction industry, eliminating past practices by requiring timely payments for contractors, subcontractors, and suppliers. Prompt payment laws vary across states, with each jurisdiction establishing its own framework to ensure timely compensation in the construction industry. However, there… Continue reading Prompt Payment Laws Continue To Trend In Favor Of Contractors