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Results: 1-10 of 31

Waiver of subrogation two reminders

  • Duane Morris LLP
  • -
  • USA
  • -
  • February 5 2014

Diesel fuel is spilled during renovation of a library, damaging both the work in progress and the surrounding building or land. Damages may exceed

Lien equals security interest, but lien does not equal proof of amount due

  • Duane Morris LLP
  • -
  • USA
  • -
  • November 20 2013

A lien claimant has learned the hard way that proof of the amount due must be established at trial, and one cannot simply rely on the existence of

Economic loss rule, 1850-2013, R.I.P.

  • Duane Morris LLP
  • -
  • USA
  • -
  • March 12 2013

The folks who eroded the privity rule in A.R. Moyer v. Graham have now abolished the economic loss rule in Tiara Condominium Ass'n v. Marsh &

I need to do what??? (per the contract, or bond, or statute)

  • Duane Morris LLP
  • -
  • USA
  • -
  • July 11 2012

Courts in two different states this past week issued reminders to the parties, to do just what the contract or bond, or statute says is to be done

Statutory payment protection can’t be contracted away

  • Duane Morris LLP
  • -
  • USA
  • -
  • August 2 2012

The Massachusetts Supreme Judicial Court has held that a subcontractor’s rights to pursue a payment bond required by law on a public project can’t be nullified by contract

When the developer can't rely on the owner's engineer

  • Duane Morris LLP
  • -
  • USA
  • -
  • February 9 2012

The natural give and take between contractors and the design professionals sometimes gives way to litigation revolving around the contractor’s ability to rely on the design professional’s actions

The construction trial will be held far, far away!

  • Duane Morris LLP
  • -
  • USA
  • -
  • January 31 2013

Suppose you're a New Jersey subcontractor on a New Jersey project, where the project owner is based in New York and the prime contractor in Wisconsin

Low bidder’s prevailing wage violation gives second-low bidder right to sue

  • Duane Morris LLP
  • -
  • USA
  • -
  • May 2 2013

There may not be a law like it anywhere else in the country. But in Rhode Island, by statute, the second-low bidder can pursue a claim for damages if

Two insurance lessons, one expected and one not

  • Duane Morris LLP
  • -
  • USA
  • -
  • June 21 2012

The New York tower crane collapse in 2008 spawned many insurance claims

Build for the tenant, but lien the landlord's title? Massachusetts Supreme Judicial Court clarifies the standard

  • Duane Morris LLP
  • -
  • USA
  • -
  • April 19 2011

The Massachusetts Supreme Judicial Court (the "SJC") released a decision on April 13, 2011in Trace Construction v. Dana Barros Sports Complex1that clarifies a contractor's lien rights against a landlord when the contractor performed work for the tenant