John Mark Goodman | BuildSmart An Idaho court has confirmed an arbitration award for a general contractor who left a project and did not return after being told by the owner to “get the f*** off my site.” The case involves the construction of five buildings within 200 days. Dissatisfied with the contractor’s progress, the… Continue reading Get the F*** Off My Site! Court Upholds Verbal Contract Termination
Month: November 2024
Costs To Respond To Third-Party Subpoena Do Not Constitute A Claim
William F. Knauss, III | Wiley The United States District Court for the District of Connecticut granted an insurer’s motion for summary judgment on the grounds that neither a subpoena issued as part of multi-district litigation nor a chart listing the insured as a potential defendant in the litigation constituted a “Claim.” Steadfast Ins. Co. v.… Continue reading Costs To Respond To Third-Party Subpoena Do Not Constitute A Claim
Caution: Penal Sum of Bond May Not Be the Limit
Michael Baker | Snell & Wilmer A couple of years ago, a California court rendered an opinion that a surety is liable for attorney’s fees and costs even if the amount exceeds the penal sum of the bond. (Karton v. Ari Design & Constr., Inc.). This was further confirmed in another opinion last year (Chavez Gen Constr,… Continue reading Caution: Penal Sum of Bond May Not Be the Limit
How Not to Defend a Deposition
Esquire Deposition Solutions “A review of the transcript demonstrates that Grosso’s deposition was a waste of time.” A fair reading of the facts set out in Phillips Auctioneers LLC v Grosso, 2024 NY Slip Op 33906 (N.Y. Sup. Ct., N.Y. Cty., Oct. 31, 2024), a contract dispute, suggests that both the witness and his attorney were determined… Continue reading How Not to Defend a Deposition
The Construction Lien in Washington: A Legal Analysis for the Construction Industry
Stoel Rives Stoel Rives has published the 2024 update to The Construction Lien in Washington: A Legal Analysis for the Construction Industry. First published in 2015, the 2024 update includes recent case authorities and statutory changes. This treatise serves as a guide to lien rights and procedures, including discussion of lien-like remedies available on public projects.… Continue reading The Construction Lien in Washington: A Legal Analysis for the Construction Industry