Katharine E. Kohm | The Dispute Resolver | February 24, 2018 In Superior Steel, Inc. v. Ascent at Roebling’s Bridge, LLC, No. 2015-SC-000204-DG, 2017 WL 6380218 (Ky. Dec. 14, 2017), a subcontractor and a sub-subcontractor sued the general contractor and owner for the failure to pay for extra work. The general contractor and owner cross-claimed against the other for, inter alia, indemnification. At the jury… Continue reading Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner
Tag: Subcontractor
Kentucky Supreme Court Holds “Pay-if-Paid” Provision in Subcontract Is Valid and Enforceable, Shifting Risk to Subcontractor
Michelle Beth Rosenberg | Pepper Hamilton LLP | January 25, 2018 Superior Steel, Inv. v. Ascent at Roebling’s Bridge, LLC, 2017 Ky. LEXIS 511 (December 14, 2017) Corporex Development and Construction Management, LLC (“Corporex”), a design builder, contracted with Dugan & Meyers Construction Company (“D&M”), a construction manager and general contractor on the Ascent at… Continue reading Kentucky Supreme Court Holds “Pay-if-Paid” Provision in Subcontract Is Valid and Enforceable, Shifting Risk to Subcontractor
Risky (Shifting) Business: Pay-if-Paid Provision Enforced to Subcontractor’s Detriment
Katherine e. Kohm | The Dispute Resolver | January 20, 2018 In Baker Concrete Const., Inc. v. A. Pappajohn Co., No. FSTCV166028187S, 2017 WL 4106383, at *1 (Conn. Super. Ct. 2017), at issue was the age-old dispute of non-payment for work performed. The Baker Court first recounted the direct avenues for collecting on a construction project when payment is not… Continue reading Risky (Shifting) Business: Pay-if-Paid Provision Enforced to Subcontractor’s Detriment
Liability and Insurance Coverage for Subcontractor’s Negligence: Do Your Form Contracts and Insurance Policies Still Fit?
Joseph Fullenkamp | Barnes & Thornburg LLP | July 25, 2017 Two recent Indiana decisions highlight the importance of understanding the terms of your construction contracts, ensuring they are consistent with your insurance policies, and that they comply with the law of your jurisdiction. Simply using form contracts or recycling contract provisions without tailoring them… Continue reading Liability and Insurance Coverage for Subcontractor’s Negligence: Do Your Form Contracts and Insurance Policies Still Fit?
Construction Law Practice Tip: General Contractor Liability for Subcontractor Injury
Pierre Grosdidier | Haynes and Boone LLP | October 26, 2017 AIA Document A201TM, General Conditions of the Contract for Construction (the “General Conditions”), is a form agreement often incorporated into a main contract between an owner and a general contractor.1 The General Conditions place project control squarely in the hands of the general contractor.… Continue reading Construction Law Practice Tip: General Contractor Liability for Subcontractor Injury