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...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
& 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...
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...
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
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...