Katherine E. Kohm | The Dispute Resolver | November 22, 2016 In the matter Hensel Phelps Construction Company v. Thompson Masonry Contractor, Inc. et al. the Supreme Court of Virginia considered whether a subcontract waived the applicable statute of limitations–meaning there was no time restriction to filing a lawsuit–by incorporating by reference the prime contract… Continue reading No Flow-Down of a Waiver of the Statute of Limitations to Subcontractor
Tag: subcontractors
Virginia Supreme Court Undermines Effectiveness of Flow-Down Provisions in Construction Agreements
Thomas R. Folk and Michael S. Dingman | Reed Smith LLP | November 15, 2016 The Supreme Court of Virginia recently held in a construction case that typical flow-down provisions found in subcontracts are insufficient to pass through to the subcontractor, a general contractor’s waiver of statute-of-limitations rights in the prime contract. The decision begs… Continue reading Virginia Supreme Court Undermines Effectiveness of Flow-Down Provisions in Construction Agreements
Statute of Limitations Can Bar Indemnification Claims If Brought Too Soon
Timothy W. Gordon | Holland & Hart LLP | October 21, 2016 Piecemeal appellate-court decisions have put developers and contractors in a catch-22 with respect to the timing of indemnification claims against their subcontractors. Their indemnification claims against subcontractors might be barred by the two-year statute of limitations unless they wait until after the underlying… Continue reading Statute of Limitations Can Bar Indemnification Claims If Brought Too Soon
A Subcontractor’s Defective Work Is an Occurrence: Weedo Wobbles … and Falls Down
Stephen S. Asay | Pillsbury Winthrop Shaw Pittman LLP | September 6, 2016 Since 1979, commercial general liability (CGL) insurers have relied on the New Jersey Supreme Court case of Weedo v. Stone-E-Brick, Inc. and its progeny to argue that a subcontractor’s defective work can never qualify as an “occurrence” under a standard form ISO… Continue reading A Subcontractor’s Defective Work Is an Occurrence: Weedo Wobbles … and Falls Down
Nevada Supreme Court Ruling Means Additional Liability for Owners, Contractors and Subcontractors
Tracy A. DiFillippo and Kevin Stolworthy | Armstrong Teasdale LLP | October 11, 2016 In a decision that will affect owners, contractors and subcontractors, the Nevada Supreme Court, in Cashman Equip. Co. v. W. Edna Assoc., Ltd, recently held that an unconditional release is void if the check does not clear the bank. The Court also… Continue reading Nevada Supreme Court Ruling Means Additional Liability for Owners, Contractors and Subcontractors