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Construction Delays in the Time of Coronavirus: A Legal Perspective
The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more
Owners can trigger an insurance policy without formally alleging a tort claim if the contractor's defective work could support a tort claim. The Oregon decision may allow property owners to assert only a breach of...more
Must damages be based on the cost of repair at the time of the breach? What is the time of breach? A recent Florida appellate case might have the answer to these questions. Bandklayder Development, LLC v. Sabga introduces key...more
Generally speaking, when a party files a Mechanic’s Lien Claim (“Lien Claim”) in Pennsylvania, the Lien Claim needs to be served on the Respondent by the sheriff of the county where the property owner is registered to do...more
Recently, the Oregon Court of Appeals reinstated a contractor’s mechanics lien claim notwithstanding the owner’s offer of payment because the offer was conditioned on the contractor signing a broad lien waiver that would have...more
There is a reason why contractors need to review their contracts closely and the Washington Court of Appeals' decision in King County v Walsh Construction Company II LLC, No. 83787-7-1 (Wash. App. Ct. 2023) ("Walsh")...more
Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more
In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under...more
Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where...more
A recent opinion from the Court of Appeals of Texas provides clarification regarding a contractor’s right to payment where the adequacy of the work performed is challenged and an owner attempts to rely on a satisfaction...more