Jonathan A. Cass and Rene David Quinlan | Construction Law Signal | August 29, 2016 The New Jersey Supreme Court’s August 4, 2016 decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC opened the door for general contractors to obtain insurance coverage under their commercial general liability (CGL) policies for property damage caused… Continue reading NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor’s Defective Construction Work is Insured
Tag: Subcontractor
Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work
Jasmine K. Gardner | Bradley Arant Boult Cummings | January 25, 2016 In yet another case from Massachusetts, the Massachusetts Appeals Court in Acme Abatement Contractor, Inc. v. S&R Corp. found that a general contractor was justified in not paying its subcontractor, even after the subcontractor had performed the majority of its work, because of… Continue reading Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work
#4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
David A. Harris and Abigail e. Lighthart | Haight Brown & Bonesteel LLP | September 30, 2015 In Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. (“Vita Planning”), the First Appellate District held California’s Code of Civil Procedure section 410.42 (“Section 410.42”) which prohibits an out-of-state contractor from requiring a California subcontractor to… Continue reading #4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
Sub can Suspend Work for Non-payment Without Notice
Don Gregory | Kegler Brown Hill & Ritter | June 4, 2015 The AIA A401 Subcontract allows an unpaid subcontractor to stop work until payment is received, “upon seven additional days’ written notice to the Contractor.” (§4.7.1). In a New York school construction dispute, the subcontractor was unpaid for three months and stopped work, but… Continue reading Sub can Suspend Work for Non-payment Without Notice
Subcontractor Claims: What can you do once your General Contractor Files Bankruptcy?
Vicki R. Harding – Pepper Hamilton LLP – September 30, 2014 Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its subcontractors requested clarification from the court about whether they could file notices post-petition to… Continue reading Subcontractor Claims: What can you do once your General Contractor Files Bankruptcy?