Eugene J. Heady – May 3, 2013 In tough economic times it is not surprising to see an increase in subcontractor claims related to unpaid invoices or applications for payment. It is also not surprising that prime contractors increasingly armor plate their subcontracts to shield against subcontractor payment claims when the payment claim arises as… Continue reading Chipping Away at the Armor of Pay-if-Paid Provisions
Tag: construction contracts
When Does an “Occurrence” Occur?
Jerome Sturhahn – May 1, 2013 Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case – when did the property damage that gives rise to liability, and the insurer’s obligation, occur? The answer to the question of when the damage occurred helps determine which policy is… Continue reading When Does an “Occurrence” Occur?
Termination for Convenience Clauses in the Private Arena: Traps every Construction Practitioner Should Know
Tracy Thompson Vann – March 14, 2013 If you do a thesaurus search of the word “termination,” you’ll find: “extinction, annihilation, execution, slaughter, and massacre.” “Termination,” Roget’s II: The New Thesaurus, 3rd ed., Boston: Houghton Mifflin, 1995, Online Ed. (October 27, 2011). It is no wonder then, that when a contractor it told he is… Continue reading Termination for Convenience Clauses in the Private Arena: Traps every Construction Practitioner Should Know
Compliance with Contractual Notice Provisions
Jose A. Aquino – February 15, 2013 A recent decision of New York City Office Of Administrative Trials And Hearings (“OATH”) highlights the significance of compliance with each and every provision of a construction contract. Ferreira Construction Co., Inc. v. Dep’t of Transportation, OATH Index No. 1619/12 (Nov. 16, 2012), involved a public contract to… Continue reading Compliance with Contractual Notice Provisions
Construction Litigation Update: Florida Supreme Court Rules that Unlicensed Contractors Cannot Enforce Construction Contracts
Jim and Mary Homeowner are newlyweds who used their wedding money to buy their first home, a fixer-upper that required considerable renovations. The happily married couple was given the name of a local handyman, Bob, who was honest, hard-working, and wasn’t too expensive. The Homeowners interviewed Bob and were duly impressed with his plan to… Continue reading Construction Litigation Update: Florida Supreme Court Rules that Unlicensed Contractors Cannot Enforce Construction Contracts