Dana C. Tsubota – December 7, 2011 In a depressed economy wrought with defaulting developers, a lender in California facing a lien priority challenge should evaluate whether it would be worthwhile to secure a first priority position for its deed of trust through law and motion practice. California’s case law provides the legal authority that… Continue reading Fighting an Overstated Mechanic’s Lien: a Simpler Solution
Tag: construction
Building Success Despite Failure
Samuel M. Starr and Kevin J. Walsh – December 5, 2011 In today’s economy, we continue to see bankruptcies occurring in the construction sector. An owner, contractor, or subcontractor in financial distress can easily delay a project — or worse, jeopardize the project in its entirety. Contractors need to understand their rights in order to… Continue reading Building Success Despite Failure
Contractor Basics: Claims Recognition and Documentation
Given current economic conditions, most contractors are not in a position to simply walk away from legitimate claims for additional compensation with the expectation that the lost dollars will be recovered through the next profitable job down the road. Despite the fact that some contractors have historically been averse to making claims, limited project opportunities,… Continue reading Contractor Basics: Claims Recognition and Documentation
Greystone Construction v. National Fire & Marine Insurance affects construction-defect coverage
November 21, 2011 On November 1, 2011, the Tenth Circuit Court of Appeals issued a ruling that will significantly impact construction-defect insurance coverage. In Greystone Construction, Inc. v. National Fire & Marine Insurance Co., the court addressed the definition of the term “accident,” as it relates to the meaning of the term “occurrence” in Commercial General… Continue reading Greystone Construction v. National Fire & Marine Insurance affects construction-defect coverage
Collaborative methods increase exposure
Judy Greenwald November 13, 2011 – 6:00am New approaches that have emerged in construction that have led to an increased demand for contractors’ professional liability insurance include integrated project delivery and building information modeling, although both may present underwriting challenges for insurers. Observers say the idea behind IPD is that all the team members involved… Continue reading Collaborative methods increase exposure