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Legal Guide to the U.S. Construction, Engineering and Architecture Industry |
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PREVIOUS ISSUES BY DATE:
Developer’s Claim for Indemnity Against Architect for ADA and FHA Violations Rejected
February 28, 2011
City Contract May Not Be Modified Orally or by Course of Dealing, Court Holds
February 21, 2011
CGL Insurer that Refused to Defend, Pay Claim Penalized, Held Liable
February 14, 2011
Plumbers Burned as a Result of Natural Gas ‘Odor Fade,’ but Damage Award Reversed
February 7, 2011
Design Professional Denied Protection of Contract’s Liability Limit by Florida Court
January 31, 2011
Contractor Escapes Liability When Plaintiff Cannot Tie Infectious Fungus to Jobsite Dirt Stockpile
January 24, 2011
Court Allows Discharge in Bankruptcy of Penalty for Violation of Contractor Licensing Law
January 17, 2011
When Surety Takes Over Project, Owner Cannot Object to Replacement Contractor, Court Holds
January 10, 2011
2010
Notice, Accident, Own Work Defenses Rejected in Claims by General Contractor Against Plumber’s Insurer
December 20, 2010
Recent Trade Secret Arrests, Convictions Illustrate Importance of Protecting Company Information
December 20, 2010
Contractor That Performed Extra Work Allowed to Sue Later Although Price Was in Dispute
December 13, 2010
Government Contractor Denied Immunity from Katrina Claims – Specifications Not Precise Enough
December 6, 2010
Injured Construction Worker’s Immigration Status Held Inadmissible in Deciding Claim for Lost Future Earnings
November 29, 2010
New General Conditions for Virginia State Contracts Shift Risks to Contractors
November 22, 2010
After 34 Years, UNCITRAL International Arbitration Rules Are Revised Slightly
November 15, 2010
Bid Protest in Best Value Procurement Sustained Because Agency Failed to Deal Openly with Bidder
November 8, 2010
California Supreme Court Clarifies When Contractors Recover from Public Agencies for Failure to Disclose Information
November 1, 2010
Chinese Drywall: Big Damage Claims and Big Insurance Coverage Disputes Ahead
October 25, 2010
AIA Publishes Revised A312 Payment and Performance Bond Forms
October 18, 2010
Court Opens Door to Challenges of Unsatisfactory Performance Ratings by Federal Contractors
October 11, 2010
Expert Reports, Communications Get Work Product Protection in Amendment to Federal Rules
October 4, 2010
Contractor’s Suit Against Architect Allowed to Proceed Based on Claims of Intentional Wrongdoing, Monetary Gain
September 27, 2010
Business’ Contact Database Denied Trade Secret Protection – The Information Is Available on Web
September 27, 2010
Court Harshly Criticizes School District for ‘Favoritism Most Foul’ in Rejecting Bid
September 20, 2010
Contract’s Choice of Law Clause Overridden by Public Policy of State Where Project Was Located
September 13, 2010
How Waivers of Subrogation Can Have Unexpected Consequences for Project Participants
September 6, 2010
Bankruptcy Court Holds Officer Personally Liable for Corporation’s Debt and Refuses to Discharge It
August 30, 2010
Federal Contractors Must Report Top Executive Pay and Subcontract Awards Under New Interim Rule
August 23, 2010
Contractor Prevails on $36 Million in Claims Against L.A., Allowed to Seek More Damages from Jury
August 16, 2010
Contractor Barred from Asserting Defenses Because It Failed to Submit Formal Claim to Navy
August 9, 2010
New Federal Stormwater Management Rules for Construction Sites: How They Work and How to Cope
August 2, 2010
U.S. Steps Up Enforcement of Corruption Law Against International Companies, Executives; Whistleblower Bounties Expanded
July 26, 2010
Subcontractor Held Liable to Workers Injured by Jobsite Hazard that It Did Not Report
July 19, 2010
Lender Ordered to Fund Construction Loan for Commercial Project; Green Financing Cited
July 12, 2010
Narrowed Role for Courts in Deciding Arbitrability Questions Confirmed by U.S. Supreme Court
July 5, 2010
General Contractor’s Responsibility for Jobsite Hazards Created by Subs Affirmed by Court, Commission
June 28, 2010
Contractor’s Failure to Follow Its Own Safety Protocols in Testing System Results in No Insurance Coverage
June 21, 2010
U.S. Agencies Given Wide Discretion to Award Contracts Based on Factors Other Than Price
June 14, 2010
Court Considers Whether Arbitration Can Be Compelled Under AIA Contract When No Architect Is Named
June 7, 2010
Bad Faith Settlement Claims by Contractors Against Two Sureties Illustrate When Conduct May Be Improper
May 31, 2010
Cumulative Impact Award for Contractor Reversed on Basis of Release Despite 274 Later Extra Work Orders
May 24, 2010
How Non-U.S.-Owned Companies Can Compete for Federal Government Contracts
May 24, 2010
Contractor Allowed to Sue Local Agency for Lost Profits After Bonding Capacity Was Impaired
May 17, 2010
Court Interprets Ambiguous Contract Against U.S. Government, Allows Roofer’s Claim for Extra Work
May 10, 2010
Surety Faces Liability for Violating Bankruptcy Stay by Insisting that Owners Pay It, Not Contractor
May 3, 2010
7-Year Prison Term for Engineering Executive Illustrates New Reach of Anti-Bribery Law
April 26, 2010
Federal Judge Spells Out Electronic Discovery Failings that Warrant Sanctions
April 19, 2010
With Green Building Standards Spreading Around the World, Coordination Among Them Is Just Starting
April 19, 2010
With Financing in Doubt, Contractor Was Entitled to Demand Adequate Assurances of Performance from Homeowners, Court Holds
April 12, 2010
Project Owner’s Claims, Damages, Evidence Limited After It Demolished Baghouse at Center of Lawsuit
April 5, 2010
U.S. Supreme Court Narrows Definition of Corporate Citizenship – Opening Door to Federal Courts
March 29, 2010
Real Estate Developer Sentenced to 9 Years in Prison for Violating Clean Water Act; Daughter, Engineer Get 7 Years
March 22, 2010
Georgia Court Enforces Liability Limitation in Contract; Rejects Anti-Indemnity Argument
March 15, 2010
Application of Wrong Kind of Paint Held to Be Insured Property Damage Under CGL Policy
March 8, 2010
Contractor Recovers from PennDOT for Failing to Coordinate Utility Relocation on Highway Project
March 1, 2010
E-Verify Program to Check Employees of Government Contractors Is Extended
February 22, 2010
Funds to Pay Subs Misspent; Executive of General Contractor Denied Protection in Bankruptcy
February 15, 2010
Bad Smell Can Constitute Property Damage under CGL Policy; Claim Triggered Insurer’s Duty to Defend
February 8, 2010
New Contract Form Allocates Liability for Not Achieving Green Building Status
February 1, 2010
Additional Notices Required for California Mechanic’s Liens Starting in 2011
February 1, 2010
Government Contractor Denied Compensation for Work Stoppage Resulting from 9/11 Attacks
January 25, 2010
Prevailing Wage Law Applied to Renovations, Not Just New Construction, and to Shell Work Beneficial to Public Agency
January 18, 2010
SEC Announces New Guidelines to Encourage Cooperation in Investigations, but Caution Is Advisable
January 18, 2010
2009
How the Economic Loss Rule Interrelates with Insurance – and Coverage Can Be Obtained
December 21, 2009
Effort to Block Wind Farm Based on Aesthetic Impact Rejected by Texas Courts
December 14, 2009
County Failed to Obtain Builder’s Risk Insurance as Promised, Held Liable for Damage to Contractor’s Work
December 7, 2009
Design Risk for Contractors and CMs: How Insurance Addresses the Exposure
November 30, 2009
Defective Specifications Result in Equitable Adjustment Despite Government’s Argument that Contractor 'Should Have Known'
November 23, 2009
Declaration of Default Not Required to Trigger Surety’s Liability on Performance Bond, Court Holds
November 16, 2009
Insurer Bound by Results of Insured’s Trial or Finding that Settlement Was Reasonable, Washington Supreme Court Holds
November 9, 2009
Statute of Limitations Is No Bar to Compelling Arbitration, California Supreme Court Holds
November 2, 2009
Court Distinguishes Duty to Defend from Duty to Indemnify, Requires Non-Negligent Supplier to Pay for Defense
October 19, 2009
Government Acted in Bad Faith in Default Termination; Court Awards $17 Million in Damages to Contractor
October 12, 2009
When a Bid Isn't: Qualifying Language Renders Bid Unenforceable, Court Holds
September 28, 2009
Illinois Construction Cases Illustrate Gaps Between Insurance Coverage and Contractual Liability for Injury, Damage
September 21, 2009
Insurer that Refused to Defend Barred from Intervening After Additional Insured Stipulates to $29 Million Judgment
September 14, 2009
Chinese Drywall and Homebuilders: How to Reduce Exposure and Recover Costs
August 31, 2009
Federal Contractors Obtain No Proprietary Rights to Concepts in Value Engineering Change Proposals, Court Holds
August 17, 2009
Force Majeure Clause Does Not Shield Contractor from Delays Caused by Its Own Supplier, U.S. Court Holds
August 10, 2009
Insurer that Delayed in Disputing Coverage Estopped from Asserting Defenses Against Assignee of Policy
August 3, 2009
Architectural Design, Though Very Similar to Plaintiff’s, Does Not Infringe on Copyright, U.S. Court Holds
July 27, 2009
Wrap-Up Insurance Policies: How Claims Can Raise Issues of Subrogation, Third Party Liability, Other Insurance
July 20, 2009
Economic Loss Rule Shields Design Professionals from Negligence Claims on Commercial Projects, Nevada Supreme Court Holds
June 29, 2009
Contractor Held Liable to Union Pension Fund Under Traveling Contractor Clause as a Result of Subs’ Use of Non-Union Labor
June 22, 2009
Contractor Allowed to Pursue First Amendment Claim Against City that Refused to Accept Its Low Bid, but Claim Fails After Discovery
June 15, 2009
Maryland Settlement Subjects More New Construction Projects to Stringent Individual Storm Water Permits
June 8, 2009
Why Commercial General Liability Insurance Covers General Contractors Against Construction Defect Claims
June 1, 2009
Obama Signs Bill Broadening Anti-Fraud Laws, Increasing Funds for Fraud Enforcement
May 25, 2009
New California Laws Forbid Broad Type I Indemnity Obligations and Require Sharing More Information About Wrap-Up Policies
May 25, 2009
Line Item Pricing in Government Contracts Is Exempt from Disclosure Under Freedom of Information Act, Court Holds
May 18, 2009
Some U.S. Courts Give 'Manifest Disregard of the Law' New Life as a Basis for Challenging Arbitration Awards
May 11, 2009
After California's Public Works Shutdown: How to Evaluate Legal Options and Damage Claims
May 4, 2009
Broker Held Liable for Failing to Obtain Insurance for Sub Under Wrap-Up Policy
May 4, 2009
Obama Ups the Ante for Climate Change Legislation by Proposing to Regulate Greenhouse Gases Under Clean Air Act
April 27, 2009
Contractor Faces False Claims Act Liability for Payments Made by Iraq’s Coalition Provisional Authority
April 20, 2009
Government Contractors Beware: Stimulus Money Will Bring Heightened Scrutiny of How It Is Spent
April 20, 2009
Caltrans Retentions Waived; More Design-Build Approved; Green Building, Renewables Get a Boost in New California Laws
April 13, 2009
New Tools to Fight Bid Rigging in Public Procurement Issued by Organization of Major World Governments
March 30, 2009
Obama's Government Procurement Reforms to Require Extensive Use of Fixed Price Contracting
March 23, 2009
Requirement to Post 'Beck Notices' Revoked; Government Contractors Now Must Post Labor Rights Notices
March 23, 2009
Foreign Corrupt Practices Act: Primer for In-House Counsel, Review of 2008’s Big Penalties and What to Expect in 2009
March 16, 2009
Guarantor Held Liable on Contractor's Entire Debt Despite Credit Limit, Release of Collateral
March 9, 2009
$50 Million Fraud Penalty Against Contractor on Federal Project Affirmed by Appeals Court
March 2, 2009
How to Maximize Insurance Coverage for Mold Damage
March 2, 2009
$130 Billion for Construction in the Economic Stimulus Bill: Where It Will Be Spent
February 23, 2009
FTC Updating Green Guides, Which Govern Environmental Building Claims
February 23, 2009
Construction Workers at Multiple Jobsites Cannot Be Counted Together to Trigger Notice Requirement Under WARN, Court Holds
February 16, 2009
Concealment in Applying for Insurance: Overview of Insurer's Rights and Insured's Responsibilities
February 16, 2009
Design-Build Construction Projects: Overview and Tips for Success
February 2, 2009
Courts in 3 States Decide Impact of Anti-Indemnity Statutes on Liability Limitation Clauses
January 26, 2009
EPA Steps Up Enforcement Activity to Reduce Storm Water Runoff from Construction Sites
January 19, 2009
Nailing Down Fundamental Insurance Coverage Issues in Builder's Risk Policies
January 19, 2009
Hardware and Software Can Be Bundled in Bid Package When Sound Reason Is Shown, U.S. Court Holds
January 12, 2009
2008
More State Supreme Courts Join Majority Holding that CGL Insurance Covers Damage to Contractor's Work Caused by Subs
December 22, 2008
Strict New Ethics and Reporting Requirements Imposed on Federal Contractors
December 15, 2008
Sub's Failure to Explain Low Labor Productivity Bars Claim for Constructive Acceleration
October 27, 2008
Court Delays Disclosure of Contract Proposals Under Public Records Act Until Negotiations Are Complete
October 20, 2008
Overview of New U.S. Law Aimed at Fixing Mortgage Meltdown
October 20, 2008
Contractor's Employee Intentionally Demolished Part of House, but Damage Is Covered by Insurance
October 13, 2008
Laches Defense Bars Destruction of Condos for Copyright Violation, U.S. Court Holds
October 6, 2008
Project Files, Bids, Contractor Budgets Can Be Trade Secrets, California Court Holds
September 29, 2008
Florida Developer Allowed to Sue for Bad Faith; Surety Failed to Obtain Independent Investigation
September 22, 2008
Drywaller, Estimator Were Properly Allowed to Give Expert Testimony, U.S. Appeals Court Rules
September 15, 2008
Washington State Agency Changes Position and Is Estopped from Enforcing Prevailing Wage Law by Supreme Court
September 8, 2008
Private Financing of Infrastructure in California: Overview of PPP Opportunities and Challenges
September 1, 2008
U.S. Supreme Court Clarifies Proof Needed to Impose False Claims Act Liability on Subcontractors
August 25, 2008
Owner's Oral Promise to Pay Subcontractor Enforced by Massachusetts Court
August 18, 2008
Bankrupt Sub's Claim Against General Contractor Is a Non-Core Proceeding and Must Be Arbitrated, U.S. Court Holds
August 4, 2008
Prequalification in Government Construction Contracts: How It Works, How Disputes Are Resolved
July 28, 2008
U.S. Court Permits Quantum Meruit Claims for Work Not Controlled by Contract
July 21, 2008
Florida, South Carolina Supreme Courts Hold that Contractors' CGL Policies Cover Damages Arising from Subs' Defective Work
July 14, 2008
Freely Negotiated Wholesale Energy Contracts Are Presumed Enforceable Unless They Seriously Harm Public Interest, U.S. Supreme Court Holds
July 14, 2008
Materials in New Home Constitute Interstate Commerce, So Federal Arbitration Act Controls, California Court Holds
July 7, 2008
Party Cannot Be Compelled to Participate in, Pay for Mediation, California Court Holds
June 30, 2008
Under New Rule, Federal Contractors Can Lose Out on Projects, Be Debarred for Tax Delinquencies
June 23, 2008
AIA Issues Stopgap Amendment to Its A312 Payment Bond After Complaints by Sureties
June 16, 2008
LLCs, Though Legally Canceled, Still Face Construction Defect Suits – but Cannot Sue Subs
June 9, 2008
Contractual Agreement to Submit Construction Disputes to Referee Is Enforceable, California Court Holds
June 2, 2008
Contractor that Failed to Take Field Measurements Is Liable to Sub, Idaho Supreme Court Holds
May 26, 2008
Revised AIA Contracts: An Overview of the Changed Terms and New Approaches
May 19, 2008
Surety's Suit Against Virginia DOT Barred by Sovereign Immunity
May 12, 2008
$2 Million in Punitive Damages Assessed Against Insurer for Mishandling Subcontractor's Claim
April 28, 2008
U.S. Supreme Court Limits Grounds for Reviewing Arbitration Awards Under FAA
April 21, 2008
Surety Can Recover from Principal for Reasonable, Good Faith Payment Even Though Claim Was Not Covered by Bond
April 14, 2008
Homeowner Whose Roof Failed May Sue Shingle Manufacturer Under Federal Consumer Protection Law
March 31, 2008
New California Laws Expand Design-Build Contracting, Tighten Environmental Rules, Limit Indemnity in Homebuilding, Add Notary Requirements
March 24, 2008
ERISA Allows Individuals to Sue for Profits Lost in Defined Contribution Plans, U.S. Supreme Court Holds
March 24, 2008
Uncooperative Sub's Side Deal with Owner Costs It $500,000 in Punitive Damages
March 17, 2008
Government Cannot Eliminate Performance Options Set Out in Project Specs, Federal Circuit Holds
March 10, 2008
U.S. Court Rejects Constitutional Claims by Contractor Denied Public Works Contract
March 3, 2008
Because Contract Incorporates Federal Arbitration Act, Court Cannot Compel Litigation as California Law Allows
February 25, 2008
Compensation Plan in Which Stock Can Be Forfeited Is Upheld by California Court
February 25, 2008
California Homeowner Subject to Suit by Unlicensed Contractor for Injuries Suffered on the Job
February 18, 2008
Standard CGL Policies Provide Coverage for Sub's Construction Defects, Florida Supreme Court Holds
February 11, 2008
Court Decisions Prompt Sureties to Require Modifications to A312 Payment Bonds
February 4, 2008
Federal Appeals Court Threatens Sanctions for Baseless Challenges to Arbitration Awards
January 28, 2008
In Truck Driver Case, Court Clarifies Burdens for Establishing Claims and Defenses Under ADA
January 28, 2008
CGL Policy Covers Damage Caused by Defective Construction, Federal Court Holds
January 21, 2008
Alternative Employee Expense Reimbursement Plans OKd by California Supreme Court
January 7, 2008
2007
Owner's Progress Inspections Do Not Preclude Rejection of Inspected Work That Fails to Meet Contract Specifications
December 17, 2007
Supplier Allowed to Sue on Mechanic's Lien in Kansas Although It Was Not Qualified to Do Business There
November 12, 2007
N.Y.'s Prevailing Wage Law Amended to Expand Its Scope and the Obligations It Imposes
November 5, 2007
Corporate Dissolution Precludes Homeowners' Construction Defect Claim
October 22, 2007
Insurer Must Defend Additional Insured Before Finding of Liability, N.Y.'s Highest Court Rules
October 15, 2007
Contractors Lose Antitrust, RICO, Constitutional Claims in Bidding Disputes, but False Claims Case Allowed to Proceed
October 8, 2007
Court Enforces Contract Providing that Statute of Limitations Runs from Substantial Completion Rather than from Discovery of Breach
September 24, 2007
NLRB Rejects Project Labor Agreements for New Power Plant Negotiated Under Threat of Regulatory Interference
September 17, 2007
County Board's Closed Session with Architect Held to Violate Virginia's Open Meeting Law
September 10, 2007
Non-Signatory Bound by Arbitration Agreement, Court Holds
September 3, 2007
How Foreign Architecture and Engineering Firms Can Enter the China Market
August 13, 2007
Sub Listed in Contractor's Bid but Substituted Out Not Entitled to Judicial Review, Connecticut Supreme Court Rules
August 6, 2007
Shrink-Wrap License Does Not Modify Negotiated CM Software Contract, Kansas Supreme Court Holds
July 30, 2007
Hawaii Contractor's Failure to Provide Required Information to Homeowner Extinguishes Lien Rights
July 9, 2007
Supreme Court Unanimously Reinstates Right to Reimbursement Under CERCLA for Voluntary Environmental Cleanup Costs
July 2, 2007
Contract Gives General Contractor Right to Delay Start of Sub's Work, N.Y. Court Holds
June 25, 2007
Foreign Corrupt Practices Act Presents Risks and Challenges for U.S. Companies in China
June 18, 2007
U.S. Supreme Court's Historic Decision on Regulating Greenhouse Gases Expected to Impact Many Industries
June 11, 2007
Contractor Entitled to Stop Work After Owner Fails to Make Payment Certified by Architect, Montana Supreme Court Rules
June 4, 2007
Contractor's Failure to Make Pension Contributions Results in Personal Liability for Executive
June 4, 2007
Bid Protester Allowed to Recover Higher Attorney Fees Based on Consumer Price Index
May 28, 2007
Contractor's Contribution and Indemnity Claim Is Barred by Minnesota's 10-Year Statute of Repose
May 14, 2007
Treble Damages Assessed Against Equipment Rental Company, Executives for Misappropriating Trade Secrets, Unfair Competition
April 30, 2007
OSHA Implementing New Portland Cement Inspection Procedures at Construction Sites
April 23, 2007
Washington, D.C. Enacts Green Building Requirements for Private Projects
April 16, 2007
At-Risk, Owner's Agent CM Barred from Objecting to Settlement Between Owner and Design-Build Contractor
April 9, 2007
Courts Enforce One-Sided Arbitration Clauses; Other Provisions Held Unconscionable
April 2, 2007
Owner May Assert Contractor's Claim Against Architect Pursuant to Pass-Through Agreement, N.Y. Court Holds
March 26, 2007
Maine Homebuilder Held Liable for Unfair Trade Practices on Basis of Construction Defects
March 19, 2007
Constructive Acceleration Claim Denied – Time Extensions Were Prompt Enough; No Undue Owner Pressure
March 12, 2007
New California Laws Authorize More Design-Build, Tighten Licensing Requirements, Extend Solar Incentives, Expand Tire Recycling
March 5, 2007
Notice, Good Faith Issues Clarified in California Prompt Payment Case
February 19, 2007
Surety Does Not Have Special Relationship with Its Principal or Owe a Fiduciary Duty; Tort Claim Rejected
February 12, 2007
New Electronic Discovery Rules Adopted by Federal Courts
January 29, 2007
New York City Enacts Broad Green Building Law for Its Projects
January 15, 2007
Contractor Cannot Charge for Administrative Time Under Cost-Plus-Fee Contract, Washington Court Holds
January 15, 2007
Pay-if-Paid Clauses Are Enforceable When Contract Is Governed by Out-of-State Law, Highest N.Y. Court Rules
January 8, 2007
2006
California Electricians Face January 1, 2007, Deadline for Certification
December 11, 2006
California's Deadline for Mandatory Electrician Certification Near – Questions and Answers
December 11, 2006
Freedom of Information Act Request Does Not Bar False Claims Act Suit, 9th Circuit Holds
December 4, 2006
Public Entities May Not Waive Defects in Bids, Louisiana Supreme Court Rules
November 27, 2006
Specifications Do Not Limit Size of Recovery but Do Bar Some Bases for Claims, Oklahoma Supreme Court Rules
November 20, 2006
Equipment Supplier that Designed Installation and Recorded Mechanic's Lien Denied Compensation Because It Lacked Contractor License
November 13, 2006
Court Finds that Owner on EPC Project Can Recover from Equipment Supplier as Third Party Beneficiary
November 6, 2006
Contractor Recovers on Extra Work Claim After Owner's Plans Found to Be Ambiguous
October 30, 2006
New Hampshire Supreme Court Spells Out Limits on Surety's Indemnity Rights Against Contractor
October 23, 2006
Subcontractors Can Be Sued in Tort for Negligence in Building Homes, Colorado Supreme Court Rules
October 9, 2006
New Jersey Expands Prompt Payment Law for Construction Contracts
September 25, 2006
Washington Supreme Court Interprets Notice Provisions in Construction Defect Statute
September 11, 2006
Unabsorbed Home Office Overhead – Making a Prima Facie Case for Entitlement to Recovery Under Eichleay
August 28, 2006
Recognizing and Managing Investment Risks on Global Megaprojects
August 21, 2006
Failure to Click ‘Submit’ Button Dooms Online Low Bid
August 7, 2006
Cost Increases for Construction Materials – An Overview of the Legal Issues
July 31, 2006
Federal Agency Allowed to Use Online Reverse Auction for Procurement
July 24, 2006
Subpoenaed Non-Party Must Produce Documents, Testify Before Arbitrators
July 17, 2006
How to Remove a Stale Mechanic's Lien from Title to Property in California
July 10, 2006
Contractor Awarded Damages for Union's Secondary Boycott That Stopped Work
July 3, 2006
Appeals Court Abrogates McMullan Presumption – Schedule Extension No Longer Raises Presumption of Government-Caused Delay
June 26, 2006
Owner's Anticipatory Breach of Contract Triggers California Mechanic's Lien Recording Period
June 19, 2006
Complying with Your State's One-Call Laws: A Compliance Checklist
June 12, 2006
Underground Alert Laws: How Liability Can Arise for Excavators and Utility Owners
June 12, 2006
Underground Alert Laws: How They Work and Problems That Can Arise in the Current One-Call System
June 5, 2006
Only Prime Contractor, Not Subcontractor, Has Authority to Withdraw Mistaken Bid in California
May 22, 2006
Subcontractor Default Insurance: An Overview of How It Works and a Comparison to Performance Bonds
May 22, 2006
Sureties in Two Cases Escape Liability on Grounds that Clear, Unequivocal Default Notices Were Not Given
May 8, 2006
OSHA Penalty for Willful Violation of Trench Safety Rules Is Upheld
May 1, 2006
New California Laws Allow More Design-Build; Encourage Recycling; Tighten Licensing, Home Improvement Laws
April 17, 2006
Court of Federal Claims Has Jurisdiction to Hear Protest of SBA Size Standard Determination
April 10, 2006
New Law Restricts Scope of Indemnity Clauses in Subcontracts for Residential Construction in California
April 3, 2006
Kansas Contractor Paid for Extra Work Even Though No Written Change Order Was Issued
March 27, 2006
Contractors Unlicensed at Any Time During Performance of Work Cannot Recover Any Compensation, California Supreme Court Rules
March 20, 2006
Wyoming Supreme Court Rejects Homebuilder's Claim of Economic Duress in Effort to Recover Disputed Lien Payment
March 13, 2006
Contractor Recovers for Constructive Acceleration After Receiving Insufficient Time Extensions
March 6, 2006
Prevailing Owners Are Entitled to Recover Prompt Payment Attorney Fees in California
February 27, 2006
Corporate Directors' Organization Reports on Risks of Director Liability and Means of Prevention
February 20, 2006
Surety Can Recover from City that Paid Out Disputed Contract Sums to General Contractor Without Surety's Consent
February 13, 2006
Public Works Bid to Furnish ‘Or Equal’ Product Was Not an Unlawful ‘Offer to Sell’ Patented Product
February 6, 2006
Managing Payment Risks on International Construction Projects
January 23, 2006
Attachment Liens: An Alternative to Mechanic's Liens for Obtaining Payment for Work Performed
January 16, 2006
How to Avoid Delays and Delay Claims on Wind Power Projects
January 9, 2006
2005
Liability Limitation Held Enforceable Despite Owner's Breach of Duty of Good Faith
December 12, 2005
Montana School District Faces Liability to Workers for Failing to Require Contractors to Comply with Prevailing Wage Laws
December 5, 2005
Design-Build Contractors' Lien Rights Under California Law Left in Doubt When Construction Does Not Begin
November 28, 2005
Managing Payment Delays on International Construction Projects
November 21, 2005
Misleading Report by Engineer Held to Be Professional Misconduct
November 14, 2005
Federal Contractor Cleared of False Claims Act Charges Based on Allegations of Intentional Underbid
November 7, 2005
Sub's Failure to Contribute to Union Benefit Plan Gives Rise to Mechanic's Lien Rights Despite ERISA
October 31, 2005
Architect Held Liable to Contractor for Allegedly Defective Plans Despite Lack of Privity
October 24, 2005
Your Additional Insured Endorsements: How Coverage May Be Narrowing
October 17, 2005
Contractual Jury Waivers Held Invalid by California Supreme Court
October 3, 2005
Contractor Denied Lost Future Profits Despite Wrongful Termination by Project Owner
September 12, 2005
Nominated Subcontractors on International Projects: Approaches to Risk Allocation
September 5, 2005
Time for Appeal Runs from Actual Receipt of U.S. Contracting Officer's Final Decision Rejecting Claim
August 8, 2005
Recent California Decision Erodes Certainty of 10-Year Statute of Repose Against Construction Defect Claims
July 25, 2005
Conspiracy Conviction in International Bid-Rigging Scheme Upheld
July 11, 2005
Owners Prevail on Claims Arising from Construction Injuries
July 4, 2005
Contractor’s All Risks Policies: An Additional Source of Revenue on Construction Projects
June 27, 2005
Failure to Provide Fall Protection Held to Be Willful OSHA Violation
June 13, 2005
Under ADA, Movie Theaters Must Provide a Variety of Seating Locations for Wheelchair Patrons
June 6, 2005
6% Limitation on Design Services Upheld, and Failure to Estimate Construction Costs Results in U.S. Contract Being Found Void
May 30, 2005
The Documentation Contractors Need to Support International Claims
May 23, 2005
How Joint Ventures Are Organized, Operated on International Construction Projects
May 23, 2005
Contractor Not Required to Indemnify Surety for Bad Faith Settlement with Subcontractor
May 9, 2005
Contract’s Notice Requirements Strictly Enforced, Recovery Denied by Washington Supreme Court
May 2, 2005
No-Damage-for-Delay Clause in Public Contract Held Unenforceable Under Virginia Statute
April 11, 2005
California Crane Operators Must Be Certified by June
April 4, 2005
The Government’s Administrative Hammer: Suspension and Debarment from Federal, State and Local Contracting Programs
March 28, 2005
Developer’s Criminal Conviction for Violating Building Code Overturned by Minnesota Supreme Court
March 21, 2005
The Current Status of Construction Defects Law in California – An Overview
March 7, 2005
New California Laws Shield Employers, Require Reporting by Engineers, Broaden Home Improvement Disclosures
February 21, 2005
Privilege Protecting Documents Prepared for Mediation Held to Be Unqualified by California Supreme Court
February 14, 2005
Developer’s Mere Knowledge that Demolition Involved Asbestos Held Sufficient to Sustain Criminal Conviction
February 7, 2005
Colorado Contractors' Tort Claims Against Engineer, Inspector Barred by Economic Loss Rule on Basis of Indirect Contracts
January 31, 2005
Government Contractors Have Patent Rights to Their Inventions – But Only If Proper Notices Are Given; Campbell Plastics Decision Upheld
January 24, 2005
New York Provides Some Relief for Steel Price Increases
January 17, 2005
Subcontractor Has No Right to Payment for Work Performed When It Fails to Complete Project
January 17, 2005
Whether Damage Was to Other Product Under the Economic Loss Rule Was a Question of Fact, Not Law
January 10, 2005
2004
Arkansas Subcontractor’s License Revoked for Failure to Honor Bids
December 20, 2004
Non-Professional Occupational Licensees May Organize as LLCs, California Attorney General Concludes
December 6, 2004
General Disclaimer on Design Drawing Does Not Shift Risk for Design Defect to Contractor
November 29, 2004
Owner’s Accord and Satisfaction Defense Fails When Change Order Proposal Assumed Constant Work Conditions and Conditions Varied
November 22, 2004
New Twist Put on the Incorporation Doctrine of Insured Property Damage by Recent Court Decision
November 15, 2004
Court Will Not Enforce Mistaken Bid that Was Fraudulently Accepted by School District
November 8, 2004
Project Finance for Commercial Wind Farms: Overview of Contractual Issues Involved in Successful Developments
October 18, 2004
Texas Supreme Court Holds that Prime Contractor May Pursue Owner on Pass-Through Claim
October 11, 2004
Construction Lender Required to Pay Contractor for Value of Work Performed after Halting Funding Without Telling the Contractor
September 27, 2004
N.Y. Governor Signs Lien Law Amendment Protecting Contractors and Subcontractors on Public Projects
September 20, 2004
Food Contamination Claims Resulting from Construction Defects Barred by Illinois’ Economic Loss Rule
September 6, 2004
Design-Build Contracts as an Alternative Method for Public Construction by California Cities
August 30, 2004
Subcontractor May Use Total Cost Method in Miller Act Case
August 23, 2004
Colorado Owner’s Claim Against Contractor Defeated by Inability to Allocate Damages and by Economic Loss Rule
August 2, 2004
Courts Cannot Rewrite Collapse Provisions in Insurance Policy to Serve Notions of Public Policy
July 26, 2004
Expert’s Opinions on Contract Interpretation Are Admissible If Contract Is Ambiguous, but Legal Conclusions by Expert Are Not
July 12, 2004
Worker’s Compensation Policy Issued to California Leasing Company Covered Contractor that Leased Employees
July 5, 2004
California Courts Clarify When Statutes of Limitations for Construction Defects Can Be Tolled
June 28, 2004
California Public Works Contractors Get Some Protection for Work Performed After Bid Disputes
June 21, 2004
Anti-Deficiency Act Does Not Bar Enforcement of Open-Ended Indemnification Clause Against U.S.
June 7, 2004
What It Is Like to Be a U.S. Government Contractor – An Overview of Federal Contracting Laws and Procedures
May 31, 2004
Your ‘Additional Insured’ Status: What Does It Really Get You?
May 24, 2004
Copyrights for Building Codes: What the Supreme Court's Refusal to Decide Means Now and Prospects for the Future
May 17, 2004
How Patent Protection Can Turn Value Engineering Proposals and Other Good Ideas into Profits
May 10, 2004
How to Successfully Make Major Technology Purchases
May 3, 2004
Surety on Public Works Payment Bond Must Pay Attorney Fees Incurred by Prevailing Claimant Even Though Bond Principal Was Not Liable for Them
May 3, 2004
Oregon Court Voids Subcontract’s Insurance Provision Because It Would Cover General Contractor’s Own Negligence
April 26, 2004
In Action by Homebuyer Against Home Inspector, Discovery Rule Overcomes Contractual Limitations Period of 1 Year
April 19, 2004
Complying with Licensing and Registration Laws: An Overview, with Case Histories and Checklist
April 12, 2004
Checklist for Complying with Licensing and Registration Laws
April 12, 2004
Nevada Public Policy Does Not Bar Contractor from Knowingly Waiving Its Mechanic’s Lien Rights
March 29, 2004
Software Audits: How Companies Risk Big Penalties for Copying Software
March 22, 2004
Underground Contractor Permanently Debarred by City of San Diego
March 15, 2004
Contractor Could Not Recover for Excessive Obstructions at Port of New Orleans When Contract Created a Duty to Investigate
February 23, 2004
Federal Arbitration Act Broadly Applied in Case Involving Alabama Contractor
February 16, 2004
New California Legislation Changes Lien, Defect, Licensing, Public Contracting Laws
February 9, 2004
U.S. Construction, Architecture and Engineering Industry: An Overview for International Investors
February 2, 2004
Guide to China’s New Laws Governing Foreign Contractors and Design Professionals
January 19, 2004
Local Government Agencies May Be Sued Under the False Claims Act
January 12, 2004
2003
E-Commerce and the Construction Industry: User Viewpoints, New Concerns, Legal Updates on Project Web Sites, Online Bidding and Purchasing
December 22, 2003
Requirements for Eichleay Claims Clarified in 2 Court of Appeals Decisions
December 15, 2003
Bribery to Obtain Contract Is Actionable as Interference with Economic Advantage, California Supreme Court Holds
December 8, 2003
Professional Engineer Violated Architect License Law by Designing Metal Building to Be Used Primarily as Office
December 1, 2003
Telephone Company Held Liable for Failure to Provide Reliable, Timely Information About Location of Underground Lines
November 24, 2003
Notice of Non-Responsibility Does Not Protect Participating Owner from California Mechanic's Lien
November 17, 2003
When the Government Comes Calling: Responding to Subpenas and Search Warrants in White Collar Crime Cases
November 10, 2003
Unions' Prevailing Wage Claims Fail If No Evidence of Collective Bargaining Agreement or Area Survey
November 3, 2003
Timeliness Crucial When e-Bidding for Federal Contracts, Recent Bid Protests Show
October 27, 2003
Architects Have Duty to Check on Hazardous Materials, Louisiana Court Rules
October 13, 2003
Be Careful What You Wish For, Part II: Think Carefully Before Tendering Claims to Carrier
October 6, 2003
Subcontractor Cannot Reasonably Be Expected to Provide Open-Ended Commitment of Work for a Fixed Sum
September 29, 2003
New York Requires New Disclosures from Non-Competitive Bidders
September 22, 2003
Hong Kong Obtains Preferential Status with China in New Free Trade Agreement
September 15, 2003
Due Process on Public Works Projects: The Rights of Contractors When They Are Found Ineligible to Perform the Work
September 8, 2003
Idaho Contractor Waives Right Under AIA Contract to Contest Architect's Decision by Failing to Send Demand for Arbitration to AAA
September 1, 2003
Homeowner Who Hired Unlicensed Contractor Shielded from OSHA, California Supreme Court Rules
August 18, 2003
Kansas, North Carolina Split on Whether Design Professionals Face Liability Under Unfair Competition Laws
July 21, 2003
Owner Controlled Insurance Programs: Why Owners Like Them and Why Contractors May Not
July 14, 2003
Setoff Defense May Trigger CGL Coverage, California Supreme Court Rules
July 7, 2003
The Impact of Homeland Security on the Construction Industry
June 23, 2003
Binding Contract Created When Iowa County Accepted Bid and Sent Letter Informing Contractor of the Award
June 16, 2003
SB 800's Nasty Surprise: An Expanded 10-Year Warranty for Construction Defects
June 9, 2003
Mechanic's Lien Executed by Attorney Upheld, but New Jersey Supreme Court Bars Practice in Future
June 2, 2003
‘As Directed by’ Schedule Language in Subcontract Bars Sub's Claim for Delay Damages
May 19, 2003
Contractor's Letter Demanding a Change Order Repudiates Contract, Barring Claim for Breach
May 5, 2003
SB 800: A Poorly Drafted Law Leaves Many Transition Issues to Be Litigated
April 28, 2003
Be Careful What You Wish For: The Insurer's Right to Settle Your Case Without Your Consent
April 14, 2003
Under Indiana's 'Personal Liability Statute,' Subcontractor Can Only Collect Amounts from Owner that Otherwise Are Owed the Prime Contractor
March 31, 2003
Court Upholds OSHA Fine Against Contractor for Failing to Provide Confined Space Training to Workers
March 24, 2003
Contractor That Continued Working After Being Notified Its License Had Been Suspended May Have Substantially Complied with Law
March 17, 2003
Nevada Contractor Must Reimburse Union for Benefits Left Unpaid by Bankrupt Subcontractor
March 10, 2003
California Contractor's Mechanic's Lien Rights for Disputed Oral Change Orders Are Preserved
March 3, 2003
Problems In Enforcing Subcontractor Bids Are Illustrated by Four Recent Cases
February 24, 2003
The New Federal Insurance Program for Terrorist Acts: How It Works and the Open Issues
February 17, 2003
Foreign Companies Now Can Set Up Wholly Foreign-Owned Construction and Design Enterprises in China
February 10, 2003
New California Legislation and Regulations Affecting the Construction Industry
February 3, 2003
Acquisition Issues for Construction Companies: The Problem of Valuation and the Implications for Structuring
January 20, 2003
Faultless Subcontractor Had No Obligation to Insure, Indemnify Contractor Against Claim for Injuries
January 13, 2003
Contractor Persuades Court to Require Owner to Pay Costs of Retrieving E-Mail, But Contractor Still Must Pay for Privilege Review
January 6, 2003
2002
California Supreme Court Imposes Strict Liability on Defective Components Installed in Tract Homes
December 16, 2002
Insured 'Property Damage' Can Arise from Contract or Tort Duties
December 9, 2002
An Overview on Mold – The Latest Challenge to the Construction Industry
December 2, 2002
When Contractor and Subcontractor Start Construction but Cannot Agree on Subcontract, Idaho Supreme Court Implies an Agreement with 'Industry Standard' Provisions
November 25, 2002
Contractor, Subcontractor Guilty of Mishandling Hazardous Waste Found on Jobsite
November 11, 2002
South Dakota Owner's Release of Subcontractor from Construction Defects Also Releases Prime Contractor
November 4, 2002
New Standards, Procedures, Defenses Enacted for Housing Construction Defect Disputes in California
October 28, 2002
California Court Has No Power to Order Parties to Pay Costs of Unwanted Destructive Testing
October 21, 2002
New Jersey Contractor Avoids Loss from Unbalanced Bid
October 14, 2002
How to Manage the Corporate Governance Risks of Large, Privately Held Corporations
October 7, 2002
U.S., Hawaii Can Enforce Surety's Undertaking That Subcontractor Would Pay Taxes
September 30, 2002
Arkansas Contractor's Diversion of Progress Payment Is Breach of Fiduciary Duty to Surety, Precluding Discharge of Debt in Bankruptcy
September 23, 2002
Federal Contractor's Invoice for 99.99% of Contract Balance Is Not a Request for Final Payment; Release of Claims Not Required for Payment
September 16, 2002
2-Year Statute of Limitations, Not 4-Year, Applies to Claims Against Architect and Construction Manager
September 9, 2002
Supervisor Is Convicted of Non-Compliance with Asbestos Work Practice Standards
September 2, 2002
City in Oklahoma, Lacking Funds, Cannot Be Made to Pay Engineer
August 26, 2002
Iowa Subcontractor Is Required to Indemnify General Contractor in Suit by Sub's Injured Employee
August 19, 2002
New York Enacts Prompt Pay Act for Private Projects
August 12, 2002
Claim Cannot Be False When the Government Knows the Facts and Approves
August 5, 2002
Intellectual Property Due Diligence: A Must When Assets Are Transferred
August 5, 2002
West Virginia, Missouri Design Professionals Face Liability for Economic Losses Even Without Contracts
July 29, 2002
Homeowner Who Hired Unlicensed Contractor Held Liable in West Virginia
July 22, 2002
Mississippi Contractor Working in Arizona Cannot Sue for Payment When It Obtained License after Contracting
July 15, 2002
Required Dispute Resolution Is Expanded for Construction Defect Suits by California Homeowners Associations
July 8, 2002
California City Did Not Properly Adopt International Building Code
July 1, 2002
Florida Contractor Entitled to Due Process in Licensing Board Disciplinary Proceeding
June 24, 2002
California's 10-Year Statute of Repose Extended When Contractor Attempts Repairs
June 17, 2002
Excavator Is Liable for Damaging Unmarked Buried Pipe Even After Owner Denies Ownership
June 10, 2002
Introduction to Project Finance – A Guide for Contractors and Engineers
June 3, 2002
Contractor Failed to Show that City's False Claims Cross-Complaint Infringed on Rights of Petition or Speech
May 27, 2002
Utah Contractor Must Bring Claim Against Florida County in Florida
May 27, 2002
Union Reps May Pursue False Imprisonment Claims Against Non-Union Contractor
May 20, 2002
Failure to File California Certificate of Merit in Action Against Design Professional Can Be Cured by Pleading Amendment
May 20, 2002
Project Web Sites: How to Evaluate Them and How to Agree on Using Them
May 13, 2002
OSHA Issues New Plan for Reducing Ergonomic Injuries
May 6, 2002
Indemnity Clause in Light Type on Back of Work Authorization Form Is Enforceable
May 6, 2002
'Best Value' Procurement: How Federal and State Governments Are Changing the Bidding Process
April 29, 2002
Void Contract Rule Does Not Require Refund of Change Order Paid to South Dakota Public Works Contractor
April 22, 2002
Architect Is Not Liable for Failure to Design in Compliance with ADA
April 22, 2002
California Decision Further Limits Potential Liability for Construction Defects
April 15, 2002
Union May Enforce Mechanic's Lien for Fringe Benefits; No ERISA Pre-Emption
April 15, 2002
Revised Uniform Arbitration Act of 2000 Makes Only Incremental Changes
April 8, 2002
Newspaper Gets Access to Contractor's Cost Records for Public Works Project Under Ohio Public Records Act
March 25, 2002
California Preliminary 20-Day Notices Must Contain a Dollar Estimate of Work Arrived at by Rational Analysis, Not Merely by Guess
March 18, 2002
COMMENT: Amelco and What It Means to Total Cost and Abandonment Claims
March 11, 2002
Plant Owner Gets 17-Year Jail Sentence for Safety, Hazardous Waste Violations
February 25, 2002
Public Works Contractor Cannot Claim Abandonment of Contract and Failed to Prove Entitlement to Total Cost, California Supreme Court Rules
February 18, 2002
New Regulations Require Insurance Information with California Home Improvement Bids, Contracts
February 11, 2002
Louisiana Contractor Sentenced to 3 Years for Diverting Construction Funds
February 4, 2002
ENGINEER'S VIEW: How Lack of Contract Shields Engineer From Liability to Construction Manager
January 28, 2002
Communications During California Mediation May Not Be Disclosed, Even for a Motion Based on Attorney Misconduct
January 21, 2002
With No Flowdown Clause, Missouri Court Holds General Contractor Liable to Subcontractor for Owner's Deductive Change Order
January 14, 2002
New Payment Security, Licensing Laws for California Owners, Contractors, Architects, Engineers
January 7, 2002
2001
Double Punitive Damages Assessed Against Surety for Failure to Pay Bond Claim
December 17, 2001
Louisiana Statute Shielding Louisiana Contractors from Arbitration Outside State Pre-Empted by Federal Law
December 10, 2001
Washington Supreme Court Rejects Constitutional Attacks on Statute of Repose for Claims Arising from Construction Projects
November 26, 2001
N.Y. Subcontractor Denied Right to Assert Lien Claim Against Public Improvement Leased to Private Entity
November 19, 2001
California Supreme Court Rejects Claim of Negligent Hiring Against Owner by Survivors of Deceased Employee of Contractor
November 12, 2001
Reflections on Changed Conditions – A Global View
November 5, 2001
Surviving Your First American Construction Project – An Interactive Overview
October 22, 2001
County May Be Held Liable for Issuing a Building Permit If It Knew Contractor Was Not Licensed
October 15, 2001
Homeowner May Recover in Strict Liability for Damages to House and Property Caused by Defect in Foundation
October 1, 2001
North Carolina Supreme Court Allows Homeowners to Sue for Negligent Building Inspection
September 24, 2001
Florida Contractor Allowed to Sue Architect for Defective Design
September 17, 2001
Important Construction Insurance Coverage Issues Addressed in Two Recent California Decisions
September 10, 2001
Nebraska Engineer Shielded from Professional Negligence Claim Based on Information Available to Owner
August 27, 2001
California Prompt Payment Laws Clarified in Two Court Decisions
August 20, 2001
Most of Utah Subcontractor's Claims to Recover Delay Damages from Design Professionals Are Rejected as a Matter of Law
August 13, 2001
Because Specifications Were Ambiguous, Subcontractor Held Only to Industry Standards for Quality
August 6, 2001
Failure by Minnesota Contractor to Give Pre-Lien Notice in Boldface Type Invalidates Lien
July 30, 2001
Alleged Fraudulent Home Repair Estimates Are Not Protected by Free Speech Law
July 23, 2001
South Dakota Approves Use of Total Cost Method of Pricing Damages
July 16, 2001
Arbitrators, After Issuing Final Award, Properly Ordered Arbitration of Future Disputes
July 9, 2001
ERISA Does Not Pre-Empt Union Trust Funds from Pursuing State Law Bond, Stop Notice Remedies, 9th Circuit Holds
July 2, 2001
False Claims Act Applies to Misrepresentations in Catalog Issued by Pipe Manufacturer
June 25, 2001
Use of Mechanical Contractors' Factors to Prove Productivity Claim Approved
June 18, 2001
Subcontractor May Pursue Claim for Breach of the Implied Covenant of Good Faith and Fair Dealing in Contract but May Not Pursue a Cardinal Change Theory
June 11, 2001
Indian Tribe Waived Sovereign Immunity by Agreeing to Arbitration in AIA Contract
June 11, 2001
Model Pre-Qualification Forms Issued for California Public Works Projects
June 4, 2001
Texas Supreme Court Holds that Contractors May Not Sue the State for Breach of Contract Absent the Legislature's Consent
May 21, 2001
State Agency Does Not Violate Due Process by Withholding Prevailing Wages and Penalties Without a Hearing
May 21, 2001
Construction Manager Has No Duty to Protect Architect Against Economic Loss
May 14, 2001
Unlicensed Contractor Can Sue for Civil Rights Violation But Not on Contract
May 7, 2001
Arizona Significantly Broadens Prompt Payment Protections
April 30, 2001
Surety Is Responsible for Penalties for Contractor's Overtime and Prevailing Wage Violations
April 30, 2001
Bankruptcy Court May Review Whether Discipline by License Board Against Bankrupt Contractor Violates Automatic Stay
April 23, 2001
Non-Union Contractor Denied Statutory Attorney Fees in a Dispute Controlled by Federal Labor Law
April 23, 2001
Termination for Default Justified If Contractor Does Not Respond to a Well-Founded Notice to Cure
April 9, 2001
How to Avoid Being Sued by Your Insurer for Reimbursement of Defense Costs
April 9, 2001
Court Strictly Applies Prompt Payment Law in Favor of Subcontractor
April 2, 2001
Officer of Contractor Jailed for Diversion of Construction Funds
March 26, 2001
General Contractor Shielded from Liability for Jobsite Injury to Subcontractor's Employee
March 19, 2001
Flood Claim Cannot Be Resolved by Ordinary Principles of Negligence
March 19, 2001
Nebraska Contractor Denied Relief for Breach of Contract After Pursuing Mechanic's Lien Remedy in Another Suit
March 12, 2001
Court Preserves Arbitration Agreement by Severing Unconscionable Parts, Ordering Discovery
March 12, 2001
Fixed Legal Fee Construction Dispute Avoidance or ‘Partnering Plus’
March 5, 2001
Contractor's Claims Against Individual Owners of Condominium Units Fail
March 5, 2001
Surety Cannot Assert a Bad Faith Claim Against Liability Insurer
February 26, 2001
Federal Courts Carefully Scrutinize New York Choice of Law Clauses in Commercial Contracts
February 19, 2001
Successful Productivity Claim Supported with Mechanical Contractors' Factors
February 12, 2001
Substantially Complete Contractor's Poor Work Results in Damages but Not Termination
February 5, 2001
Strict New OSHA Workplace Injury Rules Take Effect
February 5, 2001
Limited Partner of Failed Power Plant Project Cannot Sue Designers or Contractors
January 29, 2001
Colorado Supreme Court Holds Economic Loss Rule Bars Recovery in Negligence When Damages Arise from Breach of a Contract
January 29, 2001
Default Termination Converted to One for Convenience Based on U.S. Government Bad Faith
January 22, 2001
New California Laws Affecting Contractors, Architects, Engineers – Summarized
January 8, 2001
N.Y. Mechanic's Lien Law Bars Recovery for Work for Private Developer When Public Benefit Corporation Owns Underlying Land
January 8, 2001
2000
California Supreme Court Bars Recovery for Economic Losses in the Absence of Physical Damage from Construction Defects
December 18, 2000
Multiple Insurers Are Treated as One in Determining Rates Paid to Independent Counsel
December 18, 2000
Oregon Court of Appeal Rejects Attack on Award of Light Rail Project Without Competitive Bidding
December 11, 2000
Offset Claim Against a Judgment Creditor May Be Calculated Either Before or After Interest Is Added to the Judgment, Depending on the Equities
December 11, 2000
Federal Government May Sue States for Indemnity Without Violating Their 11th Amendment Immunity
December 4, 2000
OWNER'S PERSPECTIVE: A Guide to Avoiding and Responding to Construction Claims
November 20, 2000
Trade Association Held Liable for Injury Related to Industry Standards It Issued
November 13, 2000
Contractor May Not Be Debarred Without a Due Process Hearing
November 13, 2000
THE GROVE REPORT: Key Terms of 12 Leading Construction Contracts Are Compared and Evaluated for Hong Kong Study
November 6, 2000
Trucking Company That Delivered Fill to Job Site Is Entitled to Enforce Stop Notice
November 6, 2000
Owner's Settlement with Contractor Precludes Recovery from Surety
October 30, 2000
Insurer's Bad Faith Failure to Defend Results in Liability for All Damages to Insured But Not to Third Party Beneficiary
October 30, 2000
Contractor, Surety Denied Protection of Pay When Paid Clause
October 23, 2000
Surety Exonerated When General Contractor Enters into Settlement Agreement Without Surety's Consent
October 9, 2000
E-Commerce and the Construction Industry: The Revolution Is Here
October 2, 2000
Contractor Recovers Attorney Fees Incurred Defending MSHA Citation
October 2, 2000
Contractor Denied Recovery for $1.95 Million Bidding Error Caused by Allegedly Defective Software
September 18, 2000
Mine Safety Training to be Required for Construction Workers
September 18, 2000
How Managers Face Criminal Penalties Under Public Protection Laws
September 11, 2000
Subsequent Owner Cannot Sue for Leaks that Were Manifest During Tenure of Prior Owners
September 11, 2000
Completion Contractor Held to Have No Duties to the Original Contractor
September 4, 2000
Federal Court Denies Insurance Coverage to Building Owner Explicitly Named as an Additional Insured on Contractor's Certificate of Insurance
August 28, 2000
Contractor Loses Protection of the Government Contractor Immunity Doctrine When It Performs Its Work Negligently
August 28, 2000
Are Your Construction Contract Indemnity Clauses Faulty?
August 21, 2000
Contractor Fined $93,000 for Willful Trenching Safety Violations
August 21, 2000
Judge Requires Mediator to Testify About Negotiation at Mediation Session
August 21, 2000
CONSTRUCTION CASE STUDY: Thrown Off the Job!
August 14, 2000
CalOSHA Penalties Increased for Serious Violations
August 14, 2000
New York Appeals Court Departs from Economic Loss Rule in Business Disruption Case
August 7, 2000
California Contractor Licensing Laws Again Applied Strictly
August 7, 2000
OSHA Now Provides for Online Safety Complaints
July 31, 2000
Insurer That Issued Additional Insured Endorsements Must Make an Equitable Contribution to Cost of Defense
July 31, 2000
Courts Decide Liability of Construction Managers for Representations to Contractors
July 24, 2000
Evaluation, Certification of Forklift Operators Now Is Required
July 24, 2000
President Signs Electronic Signature Act to Facilitate E-Commerce
July 17, 2000
Courts Split on Allowing Recoveries Without Written Change Orders
July 17, 2000
Court Clarifies the Meaning of ‘Willful’ in Affirming $40,000 Safety Fine
July 10, 2000
CONSTRUCTION CASE STUDY: The Bond Indemnitor
July 10, 2000
Courts in Three States Decide Liability of Architects, Public Owners for Defective or Non-Existent Payment Bonds
July 3, 2000
Individual Has Standing to Sue Under the False Claims Act, but the Act Does Not Authorize an Action Against a State
July 3, 2000
Subcontractor Must Indemnify General Even When Sub Was Not Negligent
July 3, 2000
Disappointed Bidder May Recover Bid Preparation Costs But Not Lost Profit
June 26, 2000
Contractor's Claim Barred by Failure to Give Notice
June 19, 2000
Insurance Coverage for Defective Construction Denied in Oregon
June 12, 2000
Protesting Your Own Low Bid – A New Necessity?
June 12, 2000
Economic Loss Rule Applies to Nevada Construction Defect Cases
June 5, 2000
Motions Regarding Arbitration Awards May Be Brought in the District Where the Award Was Made or in Any District Proper Under the General Venue Statute
June 5, 2000
CONSTRUCTION CASE STUDY: Owner Gouges Himself
May 29, 2000
An Alternative Approach to Avoiding the Guaranteed Maximum Price in Contracts
May 29, 2000
Owner Held Liable on Forged Joint Check
May 15, 2000
Owner Personally Liable to Unpaid Supplier
May 8, 2000
Prime Contractor Is Liable for State Unemployment Taxes of Unlicensed Subcontractor Even on a Federal Project
May 1, 2000
Contractor Cited Under License Law for Failing to Correct Substandard Work
April 17, 2000
When the Going Gets Tough – Analyzing Concurrent Delays
April 17, 2000
Contractor's Suit Against Cher Allowed to Proceed
April 2000
Use of Project Labor Agreement Approved
April 2000
Legislature Has a Y2K Problem – Which It Has Shared with the Construction Industry
January 2000
Important New Laws Regarding Prequalification on California Public Works Projects
January 2000
1999
Construction Risk Management Update
November 5, 1999
ERISA Preempts New York Mechanic's Lien Law
June 21, 1999
New Accounting Rules Require States, Local Governments to Track Value of Their Infrastructure
June 1999
California Court Places Further Limitation on Construction Worker Claims
May 1, 1999
Federal District Court Creates Potential for Expanded CERCLA Liability for Buyers of Land and Their Environmental Consultants
April 8, 1999
GPS: Charting New Terrain – Legal Issues Related to GPS-Based Navigation and Location Systems
April 1999
Navigating the Payment Minefield
January 1999
1998
New York's Highest Court Creates New Common Law Doctrine of Demand for Adequate Assurance of Future Performance
December 16, 1998
U.S. Supreme Court Rules on Environmental Law Liability of Corporate Parent for Acts of Subsidiary
July 24, 1998
Avoiding the Risks in Large Software System Acquisitions
July 1998
1997
‘Pay If Paid’ Clauses Unenforceable on Public Works Job
December 22, 1997
‘Pay If Paid’ Clauses Unenforceable in California Construction Contracts
July 2, 1997
Contractor Fault Not Always a Prerequisite to Triggering Indemnity and Additional Insured Provisions
June 18, 1997
California Taxation of Contractors
April 29, 1997
Infrastructure Management Contracts: New IRS Rules Allow Long-Term Management Agreements for Public Facilities Without Losing Favorable Tax-Exempt Financing
January 20, 1997
New California Law Authorizes Local Governments to Enter into Infrastructure Privatization Agreements Without Competitive Bidding
January 1997
1996
New California Legislation Addresses Environmental Lender Liability and Liability for Releases of Hazardous Substances
October 18, 1996
Armstrong Decision Clarifies Allocation of Coverage Issues for Progressive Damage Claims
October 4, 1996
The Interaction Between Indemnity Provisions and Liability Insurance Is an Important Aspect of Risk Management in the Construction Industry
May 3, 1996
1995
Is The New Modified Occurrence CGL Policy Worth the Risk?
August 15, 1995
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