Real Estate Law

Recent Posts

Michael T. Callahan on Greg Opinski Construction, Inc. v. City of Oakdale
Posted on 25 Jun 2012 by Michael T. Callahan

In this Analysis, Michael T. Callahan discusses Greg Opinski Construction, Inc. v. City of Oakdale , 199 Cal. App. 4th 1107 (Cal. App. 5th Dist. 2011) [ enhanced version available to lexis.com subscribers ], in which the California Court of Appeal held... Read More

Reckless Disregard Is. . . Well. . .Reckless
Posted on 4 Oct 2011 by Christopher G. Hill

Punitive damages are hard to come by in construction law cases. This is because almost all construction contract cases are exactly that: contract cases . Between the economic loss rule and the Virginia Courts' almost (though not completely) impregnable... Read More

Construction Claims- Who Do You Sue?
Posted on 19 Jun 2014 by Christopher G. Hill

So, here you are, a general contractor, subcontractor or supplier and you haven’t been paid. You know you should be paid and are at the end of your rope after what seem like hundreds of demands by phone and e-mail. You’re ready to file a claim... Read More

More on Fraud, Opinions and Contracts
Posted on 11 May 2011 by Christopher G. Hill

Here at Construction Law Musings , I have discussed the interaction between fraud and contracts on many occasions . Recently, I got to put my advice into action. I am counsel for the plaintiff in the matter of Environmental Staffing Acquisition Corp.... Read More

In Any Construction Lawsuit, Be Sure to Name the Right People
Posted on 22 Aug 2013 by Christopher G. Hill

The title of this post may seem obvious. Of course you need to name the right people. “Why even write about this?” you may ask yourself. The answer to this question is that the list of all of the parties necessary to a successful lawsuit may... Read More

Another Reason to be Careful Before Walking
Posted on 12 Dec 2011 by Christopher G. Hill

We have discussed issues that may arise in the context of a residential construction project. Because most homeowners are not sophisticated in the ways of construction (and really shouldn't be) expectations are key and keeping your nose... Read More

Sheppard Mullin Richter & Hampton LLP: Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims
Posted on 2 Jul 2012 by Sheppard, Mullin, Richter & Hampton LLP

By Edward Lozowicki and Scott Vignos Can a supplier of construction materials be considered a "subcontractor" for purposes of enforcing its claim on a public works payment bond? The answer is "yes" according to a recent decision... Read More

If You Build It, He Will Come (And Sue You)
Posted on 5 Jan 2011 by Randy J. Maniloff

By Randy Maniloff, Partner, White and Williams LLP 3 rd Circuit Addresses Construction Defect Coverage Under New Jersey Law The recent construction of New Meadowlands stadium in New Jersey - home of the Giants and Jets - has brought back talk of... Read More

Sometimes You Survive Without Written Change Orders (But I Wouldn’t Recommend It)
Posted on 12 Oct 2011 by Christopher G. Hill

As anyone who reads Construction Law Musings on even an irregular basis knows, I am a major advocate of getting everything ( especially change orders ) in writing. This is particularly true where your construction contract documents require written... Read More

Bullivant Houser Bailey PC: Consumer, But Not Unlicensed Contractor, May Enforce Arbitration Clause
Posted on 6 Sep 2011 by Bullivant Houser Bailey PC

By Ronald L. Richman California law prohibits unlicensed contractors from enforcing claims to payment for work done while unlicensed. But, the customer can seek to enforce the construction contract against the unlicensed contractor. In this... Read More

Liquidated Damages In Construction Disputes – Carefully Crafted to Avoid Litigation
Posted on 29 Apr 2014 by Williams Mullen

BY: ROBERT E. TRAVERS, IV Necessity may be the mother of invention, but uncertainty is certainly the mother of litigation. In the context of construction contracts, the uncertainty that most often results in an expensive trial is not whether a party... Read More

Dealing with Conflicting Design Obligations: CCL Construction Consultants, Inc., on Doornbos Heating & A/C, Inc. v. Schlenker
Posted on 2 Nov 2011 by Michael T. Callahan

Doornbos Heating & Air Conditioning, Inc. v. Schlenker , 403 Ill. App. 3d 468, 932 N.E.2d 1073, 2010 Ill. App. LEXIS 704 (Ill. App. Ct. 1st Dist. 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE... Read More

Williams Mullen: Another Reminder on Change Orders: “Don’t Worry” About Payment for Extra Work Is Not Enforceable
Posted on 11 Jan 2012 by Williams Mullen

BY: WILLIAM R. MAUCK, JR. The importance of following change order provisions in a construction contract was emphasized yet again in a recent federal court decision: Carolina Conduit Systems, Inc. v. MasTec North America, Inc . [ enhanced version... Read More

President of Building Company Liable for Negligence Despite Acting on Behalf of Company
Posted on 30 Aug 2011 by Gregory Herman-Giddens

The January 2011 North Carolina Court of Appeals case of White v. Collins Bldg., Inc. involved purchasers of beach house who filed a negligence claim against several defendants, including the building company's president and sole shareholder... Read More

Michael T. Callahan on American Underground Eng'g, Inc. v. City of Syracuse
Posted on 25 Jun 2012 by Michael T. Callahan

In this Analysis, Michael T. Callahan discusses Am. Underground Eng'g, Inc. v. City of Syracuse, 2011 U.S. Dist. LEXIS 117102 (N.D.N.Y Oct. 7, 2011) [ enhanced version available to lexis.com subscribers ], finding that a contractor presented no... Read More