David Adelstein | Florida Construction Legal Updates When you are in a dispute, one of the first things you want to look at is the dispute resolution provision(s) in your contract. What does the provision(s) say? (There could be more than one provision.) Do you need to mediate first? Are disputes decided via arbitration or litigation?… Continue reading Follow the Dispute Resolution Provision(s) in Your Contract
Shifting the Risk of Shifting Sands: A Brief Introduction to Differing Site Condition Provisions
Jon Hollis | Sands Anderson When a contractor breaks ground on a construction project, unexpected conditions beneath the surface can be an expensive surprise. Unanticipated water, rock, or differing soil types can throw budgets and timelines into disarray. Differing Site Condition (DSC) provisions in construction contracts generally place the risk of these unforeseen conditions on… Continue reading Shifting the Risk of Shifting Sands: A Brief Introduction to Differing Site Condition Provisions
California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”
Robyn Anderson, Nancy Sher Cohen and Michael Gonzales | Lathrom GPM Overview of Issues In Gharibian et al., v. Wawanesa General Insurance Company, the California Second District Court of Appeal found that, under California law, the insureds failed to prove smoke, soot, ash and fire debris on covered property constituted “direct physical loss to property” as… Continue reading California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”
Washington Court of Appeals Reaffirms General Contractors’ Duty To Maintain Safe Jobsite
Blake Robinson | Davis Wright Tremaine If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a general contractor has or retains the right to control the manner… Continue reading Washington Court of Appeals Reaffirms General Contractors’ Duty To Maintain Safe Jobsite
How Can an Owner Discharge a Mechanic’s Lien After It Expires?
Michael D. Jefferson | Davis Wright Tremaine Mechanic’s liens, once filed, must be enforced by the lien claimant filing a lawsuit to foreclose on the lien. In California, the time for enforcement of a lien is 90 days; in Oregon it is 120 days. In Washington, a lien claimant has eight months from the date… Continue reading How Can an Owner Discharge a Mechanic’s Lien After It Expires?