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Defeating a construction lien claim does not always entitle a party to attorney's fees
  • Fox Rothschild LLP
  • USA
  • November 29 2012

One important aspect of Florida’s Construction Lien Law is the award to the prevailing party of its attorney’s fees

Illinois appellate court clarifies the implied warranty of habitability as it applies to general contractors and subcontractors
  • Barnes & Thornburg LLP
  • USA
  • September 19 2012

The implied warranty of habitability (“IWOH”) originally extended to “buildervendors” in Illinois

Court holds minority owner of construction business not employer under FLSA
  • Jackson Lewis PC
  • USA
  • November 28 2012

FLSA litigation against medium-sized businesses continues, and a common tactic in such cases is to assert that one or more owners or managers of the business is the plaintiff's "employer" under the statute, and thus individually liable for the allegedly unpaid minimum wage andor overtime

Indiana court holds that second-tier materialman may not invoke Personal Liability Notice Statute
  • Barnes & Thornburg LLP
  • USA
  • September 19 2012

Indiana Code Section 32-28-3-9, often referred to as the Personal Liability Notice (PLN) Statute, provides a means for subcontractors, equipment lessors, and laborers to assert a claim against a project owner for amounts owed for labor and material on a construction project

Minnesota Supreme Court holds that insurer must notify policyholder of right to receive explanation of damages award from arbitrator
  • Simpson Thacher & Bartlett LLP
  • USA
  • September 13 2012

The Minnesota Supreme Court held that when an insurer agrees to defend an arbitration under a reservation of rights, the insurer has a duty to disclose to the policyholder its right to obtain an explanation of damages from the arbitration panel, if available

Contractor without California contractor’s license can pursue Miller Act claim for unpaid fees on federal project
  • Gordon & Rees LLP
  • USA
  • May 1 2014

The Ninth U.S. Circuit Court of Appeals held on April 29, 2014, that a contractor need not hold a valid California contractor's license to pursue a

Under construction: Arizona’s Revised Anti-Indemnification Statutes’ Effect on Insurance Requirements
  • Snell & Wilmer LLP
  • USA
  • December 5 2013

In our last issue, we alerted you to Arizona's revised anti-indemnification statutes (A.R.S. 34-226 and 41-2586) regarding state and city

Who is the “owner” for purposes of pursuing damages by a contractor on an OSFC co-funded construction project?
  • Bricker & Eckler LLP
  • USA
  • November 18 2011

The Contractor Contract form for co-funded Ohio School Facilities Commission (“OSFC”) projects states that the contract is between the contractor and “the State of Ohio (the “State”), through the President and Treasurer of the . . . School District Board”; the contract form is signed by the School District Board President and Treasurer under the heading “STATE OF OHIO, BY AND THROUGH THE SCHOOL DISTRICT BOARD.”

Washington Supreme Court: independent duty rule doesn’t bar contractor’s tort claims, but facts do
  • Lane Powell PC
  • USA
  • April 2 2012

The Washington Supreme Court continues to keep parties to construction contracts guessing about when remedies might be available, other than those set forth in the contract itself