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Contractual Privity and Reinsurance
  • Squire Patton Boggs
  • USA
  • October 6 2016

In most jurisdictions a policyholder cannot bring a direct action against a reinsurer because of the lack of contractual privity. Yes, there are some

Sixth Circuit holds general contractor liable for harassment and retaliation against sub's employees
  • Parker Poe Adams & Bernstein LLP
  • USA
  • January 10 2014

Liability under Title VII is premised on an employer-employee relationship. Parties not in an employment relationship cannot be found liable for

Developers may require that construction defect disputes be resolved through arbitration
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 19 2012

The California Supreme Court recently ruled that developers by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) may require that construction defect actions be resolved through arbitration rather than by jury trial

Construction Newsletter Fall 2012
  • Arnstein & Lehr LLP
  • USA
  • October 12 2012

For years, general contractors have relied on certificates of insurance received from sub-tier contractors as proof of coverage as an additional insured under their sub-tier contractor's policies of insurance

Beware: partial releases and waiver of claims are enforceable, but can be waived
  • Duane Morris LLP
  • USA
  • May 13 2013

In the construction industry, the payment application process usually requires contractors and subcontractors to complete a great deal of paperwork

Challenging the selection of an arbitrator
  • Bricker & Eckler LLP
  • USA
  • May 7 2010

A contract with pre-dispute arbitration provisions provides the parties with a process to resolve their disputes before disputes arise

What the courts are saying...
  • Bricker & Eckler LLP
  • USA
  • May 7 2010

Each month, Brickerconstructionlaw.com summarizes recent decisions of state and federal courts that may affect construction projects and those involved with them in Ohio, Indiana, Kentucky and Michigan

Contractors pay high penalties for prevailing wage violations
  • Bricker & Eckler LLP
  • USA
  • May 7 2010

Prevailing wage is required on most Federal and Ohio construction projects

Landsource Communities Development commences preference actions
  • Fox Rothschild LLP
  • USA
  • June 10 2010

Recently, the LandSource Creditor Litigation Liquidating Trust (the "Litigation Trust"), commenced various avoidance actions in the United States Bankruptcy Court for the District of Delaware

Seventh Circuit holds pay-if-paid provisions are not void under Indiana public policy
  • Barnes & Thornburg LLP
  • USA
  • May 14 2012

On May 11, 2012, the U.S. Court of Appeals for the Seventh Circuit issued a decision in BMD Contractors, Inc. v. Fidelity and Deposit Company of Maryland (No. 11-1345), affirming a lower court summary judgment in favor of a surety on a payment bond