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Results: 1-10 of 1,164

The impact of pay-if-paid clauses on payment bond claims and mechanic’s lien rights in Virginia

  • Williams Mullen
  • -
  • USA
  • -
  • September 16 2011

Since 1995, Virginia courts have recognized the validity of “pay-if-paid” clauses (sometimes referred to as “pay-when-paid”) in subcontracts

The economic loss doctrine strikes again: Supreme Court of Wisconsin holds property owners have no tort claims against concrete supplier

  • Quarles & Brady LLP
  • -
  • USA
  • -
  • August 13 2013

The economic loss doctrine precludes parties to a contract from bringing tort claims to recover purely economic or commercial losses associated with

Indiana Court of Appeals addresses rules regarding public works projects

  • Frost Brown Todd LLC
  • -
  • USA
  • -
  • April 16 2010

In a memorandum decision not for publication, the Indiana Court of Appeals addressed an attempt to seek a declaratory judgment by the Associated Builders & Contractors Indiana Chapter, Inc. (“ABC”

Appellate Court reverses Trial Court’s summary judgment, finding clause not eligible for pay-if-paid treatment

  • Frost Brown Todd LLC
  • -
  • USA
  • -
  • May 22 2012

In Evans, Mechwart, Hambleton & Tilton, Inc. v. Triad Architects, LTD, 2011-Ohio-4979 (10th District), the Tenth District Court of Appeals in Ohio examined a payment clause in a construction contract and determined that summary judgment rendered for an architect should be reversed and, instead, judgment entered in favor its sub-consultant

New York appellate court: question of fact concerning additional insured obligations precludes summary judgment

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 25 2008

A New York appellate court recently held that factual issues should have precluded summary judgment for a subcontractor and its insurer concerning whether they were obligated to provide defense and indemnification to a general contractor pursuant to the subcontract entered into between the general contractor and subcontractor

Secured lenders beware: well testing and drilling by third-party constitutes first actual physical improvement under Michigan Construction Lien Act

  • Barnes & Thornburg LLP
  • -
  • USA
  • -
  • March 9 2012

The Michigan Court of Appeals recently held that well testing and drilling performed on vacant real estate that was later developed into a subdivision constituted the first actual physical improvement under the Michigan Construction Lien Act, MCL 570.1191 et seq. (the Act

Connecticut Supreme Court upholds decision requiring insurer for subcontractor to defend contractor

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 18 2008

The Supreme Court of Connecticut recently affirmed a 2006 Superior Court decision that a liability insurer for a subcontractor was required to provide a defense for the general contractor in connection with a lawsuit alleging workplace injuries to employees of the subcontractor allegedly injured on the job

8(f) v. 9(a) relationships in the construction industry: the controversy continues

  • Littler Mendelson
  • -
  • USA
  • -
  • February 14 2014

Responding to an 11-year-old decision by the U.S. Court of Appeals for the D.C. Circuit, the National Labor Relations Board's General Counsel

The New York Court of Appeals breaks down barriers to entry into Brownfield Cleanup Program

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • March 1 2010

On February 18, 2010, the Court of Appeals issued an important decision for real estate owners and developers in New York State

9th Circuit requires EPA to set storm water runoff limits for construction activities

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

The 9th Circuit upheld a decision requiring the EPA to set storm water runoff limits for construction activities by Dec. 1, 2009