Edward Eshoo | Property Insurance Coverage Law Blog | February 22, 2017 In Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 a federal district court in Illinois recently addressed the issue whether appraisal is appropriate to resolve a dispute over the need for a general contractor to perform repairs following a covered loss.… Continue reading Is a Dispute Over General Contractor Overhead and Profit Appropriate for Appraisal?
Tag: Advise & Consult
Construction Defect – Application of the Right to Repair Statute to Material Suppliers
Joseph M. Fenech | Low, Ball & Lynch | February 2017 The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. California Court of Appeals, Fourth Appellate District (January 26, 2017) Civil Code § 8951 et seq. (the “Act”)… Continue reading Construction Defect – Application of the Right to Repair Statute to Material Suppliers
Construction Contracts: Pay Attention to the Preamble
Alexander Barthet | Sage Construction and Real Estate | February 16, 2017 I recently filed a lawsuit on behalf of a subcontractor who hadn’t been paid. The prime contractor named in the suit countered, saying that the company name listed in the contract’s preamble wasn’t the right company. When we looked into it, we found… Continue reading Construction Contracts: Pay Attention to the Preamble
Building a Favorable Project Record During Construction Disputes
Ben Pollock and Craig Ledet | King & Spalding | February 2017 The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are available to provide first-hand accounts—which often is challenging after construction is complete—the contemporaneous evidence concerning the information available… Continue reading Building a Favorable Project Record During Construction Disputes
When Construction Contracts Go Sideways in Bankruptcy
Tracy Green | California Construction Law Blog | February 10, 2017 The contractor on a project files a bankruptcy case. How should the property owner and subcontractors proceed? When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code. Types of Bankruptcies The typical bankruptcy case involves a… Continue reading When Construction Contracts Go Sideways in Bankruptcy