Ashley McLachlan and Brian Mills | Snell & Wilmer The California legislature may be providing California small businesses with another tool to combat construction-related accessibility claims through Senate Bill 84 (SB 84) which advanced to the State Assembly on June 4, 2025. Under California’s Unruh Civil Rights Act and California’s Disabled Persons Act, statutory damages… Continue reading Is a Cure on the Way for Small Businesses Facing Construction-Related Accessibility Claims?
Category: Construction Claims
Indemnity Lessons From Mass. Construction Defect Ruling
Christopher Sweeney | Conn Kavanaugh In Trustees of Boston University v. Clough Harbour & Associates LLP, the Massachusetts Supreme Judicial Court considered anew whether a construction defect claim tendered under the terms of a bespoke contractual indemnity provision is subject to Massachusetts’ six-year statute of repose.[1] On April 16, the court held that under the parties’ specifically negotiated… Continue reading Indemnity Lessons From Mass. Construction Defect Ruling
Proactively Addressing Potential Construction Claims
Jack Mayo | ConsensusDocs Recognizing a potential claim—whether related to delays, defective work, payment, or some other issue—often requires immediate attention to ensure that your rights are protected. This article provides a general overview of several practical considerations and proactive steps for contractors to take at the onset of a potential claim to better position… Continue reading Proactively Addressing Potential Construction Claims
Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed
John Mark Goodman | BuildSmart A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves delay claims asserted by a subcontractor hired to install pre-cast concrete walls on a college dormitory project. The… Continue reading Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed
Maximizing Recovery on Construction Claims: Don’t Forget Bond Claims, Which Could Exceed the Underlying Claim!
John Mark Goodman | Bradley As construction claim lawyers, we are always on the lookout for insurance policies or “bonds” that might satisfy our client’s claim. On federal projects, this includes performance and payment bonds known as Miller Act bonds. These bonds, which take their name from the federal Miller Act that requires them on all federal contracts… Continue reading Maximizing Recovery on Construction Claims: Don’t Forget Bond Claims, Which Could Exceed the Underlying Claim!