Michael Yelle | Ahlers, Cressman & Sleight Similar to the changes made by the Washington Legislature last year, the Oregon Legislature recently changed its retention law. Oregon public works agencies and large commercial project owners are now required to accept surety bonds in lieu of withholding retainage on construction projects. There is also no longer… Continue reading More (and Simpler) Options Under New Oregon Retention Law
Month: October 2024
Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy
Kelsey Hunt and Jessica Gallinaro | Wiley Rein The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that an insurer does not need to prove that it was prejudiced by the insured’s untimely notice to deny coverage under a “claims-made” policy. Stormo v. State Nat’l Ins. Co., 2024 WL 4234670… Continue reading Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy
Construction Liens – What is a Lien Fund?
Paul Norris | Stark & Stark Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In general terms, a lien claimant is only entitled to payment from the project owner… Continue reading Construction Liens – What is a Lien Fund?
The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy
Garret Murai | California Construction Law Blog In CBRE v. Superior Court, 102 Cal.App.5th 639 (2024), the 4th District Court of Appeal grappled with a thorny and not-so-thorny issue involving injured parties under the Privette doctrine. The less thorny issue was whether application of the Privette doctrine depends on whether a written contract exists between the parties. Spoiler:… Continue reading The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy
Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”
William L. Porter | Porter Law Group Many contractors and owners believe that if they hire an independent contractor to perform work and that independent contractor causes injury to others during the performance of that work, then it is the independent contractor alone who will be liable for those injuries. In most circumstances, this is… Continue reading Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”