In Tri-State Insur. Co. of Minn. a/s/o Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc., the Court of Appeals of Tennessee recently addressed whether the state’s four-year statute of repose could shield a...more
5/19/2025
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Insurance Claims ,
Motion to Dismiss ,
Property Damage ,
Statute of Repose ,
Tennessee
The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury....more
5/6/2025
/ AL Supreme Court ,
Alabama ,
Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Litigation ,
Contract Disputes ,
Damages ,
General Contractors ,
Indemnification ,
Liability ,
Subcontractors ,
Subcontracts
Retainage can be tricky in Alabama, particularly on public projects. In this post, we address retainage on public projects for public owners in the state (e.g., a governmental board, commission, agency, body, authority,...more
10/26/2023
/ Change Orders ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Interpretation ,
Contract Terms ,
General Contractors ,
Payment Schedules ,
Subcontractors
If you get into a construction dispute concerning payments made to your contractor, subcontractor, or supplier, you want to be sure that your lien waivers are enforceable in your jurisdiction. A lien waiver is an agreement...more
10/24/2023
/ Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Liens ,
Construction Litigation ,
Construction Project ,
Contractors ,
Liens ,
Subcontractors ,
Suppliers ,
Waivers
Any time a contractor receives a notice to cure, it should tread carefully and review its contract to determine its response. Recently, the Georgia Court of Appeals evaluated a case in which the general contractor terminated...more
Generally, the government has immunity from being sued with some exceptions grounded in statute or case law. Having a contract with the federal government is one such exception, and an interrelated exception falls under the...more