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Violation of lease provisions can negate a mechanic and materialman's lien
  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • USA
  • June 25 2013

Construction professionals performing work and supplying materials to a project for a tenant on leased property may want to see a copy of the lease

NJ Supreme Court remands case for allocation of fault of defendants dismissed under statute of repose
  • Duane Morris LLP
  • USA
  • June 26 2013

The New Jersey Supreme Court recently remanded a case for a new trial on the issue of liability and to apportion fault under the Comparative

Court awards subcontractor 18 interest on late payment of retainage
  • Polsinelli PC
  • USA
  • August 1 2012

Unless you have valid dispute as a basis to withhold payment, timely pay your subcontractors on Kansas projects or you may owe the subcontractor 18 interest and its attorney's fees

Illinois Court throws down hammer on contractor’s ability to recover fees
  • Gordon & Rees LLP
  • USA
  • May 21 2014

The Illinois Appellate Court recently affirmed summary judgment against a contractor on the validity of its mechanic's lien, finding that the

When is a rock not a rock?
  • Bricker & Eckler LLP
  • USA
  • May 11 2009

Sometimes, a contract’s differing site conditions provisions go well beyond providing relief for Type I (different from contract representations) and Type II (highly unusual for the type and locale of work

Professional services exclusion applies where construction supervisor should have drawn upon knowledge, experience or training
  • Wiley Rein LLP
  • USA
  • July 31 2009

The Georgia Court of Appeals, applying Georgia law, has reversed judgments against issuers of business insurance policies, holding that the policies' professional services exclusions applied to a personal injury action arising out of the insured construction supervisor's failure correctly to identify whether damaged electrical conduits contained live wires and related allegations against the construction manager of the site

Insured not "legally obligated" to pay without finding of liability by court
  • Wiley Rein LLP
  • USA
  • July 30 2009

The United States District Court for the District of New Jersey has held that an insured was not legally obligated to pay amounts it incurred in repairing its allegedly defective work, and, as a result, that its insurer was not obligated to provide coverage for such amounts

Friendly collision of the Ohio Arbitration Act and the mechanics’ lien law in Ohio
  • Bricker & Eckler LLP
  • USA
  • April 1 2011

All possible circumstances cannot be envisioned when laws are enacted and that is why we turn to the courts for guidance when written laws collide, appearing to create inconsistent outcomes

California Civil Code 1717 is a proper basis for an award of attorney fees pursuant to a performance bond
  • Hinshaw & Culbertson LLP
  • USA
  • December 10 2010

In Mepco Services Inc. v. Saddleback Valley ("Mepco" and "Saddleback"), 2010 DJDAR 16749 (2010), the California Court of Appeal for the Fourth Appellate District decided a novel attorney fee case arising from a school modernization project

Florida governor supersedes previously issued executive order mandating compliance with federal e-verify system
  • Holland & Knight LLP
  • USA
  • June 9 2011

One of the first acts that Governor Rick Scott of Florida signed at the beginning of his first term was Executive Order 11-02