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Appellate Courts › Subcontractors

Miller Nash LLP

Washington Court of Appeals Confirms Contractor Can Appeal Denial of Intervention in Lien Foreclosure Suit

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Washington’s construction lien statute makes clear that all lien foreclosure actions arising out of the same project should be joined into a single lawsuit. Filing a motion to intervene in a pending foreclosure lawsuit will...more

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

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An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Adams & Reese

South Carolina Ruling Has Major Implications on Indemnity Provisions and Collateral Estoppel

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South Carolina contractors need to be aware of a recent decision by the South Carolina Court of Appeals that clarifies the landscape for indemnity provisions in contracts and introduces critical consideration regarding the...more

MG+M The Law Firm

US Appeals Court Upholds No CGL Coverage for General Contractor for Subcontractor's Defective Work

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On November 8, 2024, the US Court of Appeals for the First Circuit (the Court) issued a decision in the matter of Admiral Insurance Company, et al. v. Tocci Building Corporation, et al., No. 22-1462 (1st Cir. 2024). The...more

Marshall Dennehey

Competent, Substantial Evidence Is the Name of the Game in Construction Disputes

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Q.D.S. Development, Inc. v. National Lining Systems, Inc., 2024 WL 357984 (Fla. 3d DCA Jan. 31, 2024) - It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial,...more

Troutman Pepper Locke

Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

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The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are...more

Fox Rothschild LLP

New Jersey Appellate Division Confirms Enforceability of Pay-if-Paid Provisions

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In a case of first impression, the New Jersey Appellate Division has finally formally recognized the enforceability of pay-if-paid clauses in New Jersey, so long as those clauses clearly and unambiguously establish a...more

Wiley Rein LLP

Court Partially Lifts Nationwide Injunction of EO 14042 Contractor Vaccination Requirements. Now What?

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WHAT: The U.S. Court of Appeals for the Eleventh Circuit affirmed, but narrowed, a nationwide injunction issued in December 2021 against the enforcement of COVID-19 vaccination requirements for federal contractors’ employees...more

Constangy, Brooks, Smith & Prophete, LLP

Federal Vaccine Mandates: Where Employers Stand Now

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This week in Vaccine Mandate/Injunction Land. Well, kids, it's been another riotous week in the world of federal vaccine mandates. Here is where everything stands as of Friday morning Eastern Time, December 17, 2021:...more

Constangy, Brooks, Smith & Prophete, LLP

Vaccine Mandate For Federal Contractors Goes Down! (Temporarily. And In Three States.)

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A federal judge has issued a preliminary injunction that prohibits the federal government from enforcing the COVID-19 vaccine mandate that applies to federal contractors. The injunction applies only in the states of Kentucky,...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court of Appeals Applies Collateral Source Rule in Construction Dispute

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Legal doctrines develop over time, with judges determined to allocate blame and risk fairly. One such doctrine – an old one – is the “one recovery” rule. The one recovery rule basically means that an injured party should only...more

Rivkin Radler LLP

New York Insurance Coverage Law Update- February 2021

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A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in...more

Cole Schotz

Appellate Court Ruling Reinforces Narrow Avenue For Reducing Excessive Mechanic’s Liens

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What recourse does an owner (or other aggrieved party, such as a general contractor who is contractually obligated to remove sub-contractors’ mechanic’s liens) have for removing a mechanic’s lien from the property on which it...more

Porter Hedges LLP

Substantial Compliance – When The Contract Doesn’t Always Mean What It Says

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As COVID-19 continues to result in government shutdown orders, labor shortages, and increased lead times to acquire materials, project owners, contractors, and subcontractors may begin to make claims of “force majeure,” or...more

Rivkin Radler LLP

Insurance Update-July 2020

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We bring you our July Insurance Update. Perhaps the biggest news this month comes out of Michigan. At a Zoom hearing on July 1, a Michigan Circuit Court judge became the first to hand down a decision on whether business...more

White and Williams LLP

Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses

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In Mech. Inc. v. Venture Elec. Contrs., Inc., No. 2018AP2380, 2020 Wisc. App. LEXIS 170, the Court of Appeals of Wisconsin, District Two, considered whether a party may bring a negligence claim for purely economic damages. In...more

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