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Termination for convenience clauses in the private arena: traps every construction practitioner should know
  • Nexsen Pruet
  • USA
  • March 14 2013

If you do a thesaurus search of the word "termination," you'll find: "extinction, annihilation, execution, slaughter, and massacre." "Termination,"

Sixth Circuit holds construction defect is not an occurrence
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • December 20 2013

In its recent decision in Liberty Mutual Fire Ins. Co. v. Kay & Kay Contracting LLC, 2013 U.S. Dist. LEXIS 23587 (6th Cir. Nov. 19, 2013), the United

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

"Texas Supreme Court issues Ewing opinion"
  • Porter Hedges LLP
  • USA
  • January 27 2014

On Friday, January 17, 2014, the Texas Supreme Court issued the long awaited and much anticipated Ewing Construction v. Amerisure Insurance opinion

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

Key insurance decision: contractual liability exclusion revisited and restricted
  • Munsch Hardt Kopf & Harr PC
  • USA
  • February 19 2014

In Ewing Construction Co. v. Amerisure Ins. Co., No. 12-0661 (Tex., January 17, 2014), the Texas Supreme Court held that the contractual liability

Substantial compliance with mechanic’s lien statutes is sometimes sufficient
  • Barnes & Thornburg LLP
  • USA
  • January 23 2014

Mechanic's lien statutes are often strictly construed, but recent cases decided by Indiana and Michigan courts show that, under some circumstances

Today's contacts enforceability issue: no damages for delay or disruption clauses
  • Much Shelist PC
  • USA
  • February 25 2014

We start our series of Articles on multi-state variations in the treatment of contract risk with one of the most common sources of legal disputes on

Pay if paid or pay when paid?
  • Barnes & Thornburg LLP
  • USA
  • January 23 2014

The Ohio Supreme Court is poised to decide a dispute between a general contractor and subcontractor over a clause that the general contractor says

California Appellate Court holds direct contractors must comply with 20-day stop payment notice requirement
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • February 14 2014

Direct contractors who fail to serve a preliminary 20-day stop payment notice on the project's construction lender do so at their own peril. The