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Constructlaw®
By Troutman Pepper Locke Visit the blog
624 published works
Constructlaw®
Federal Court in North Carolina Enforces Insurers’ Duty to Defend a General Contractor as an Additional Named Insured Under the Subcontractor’s Commercial General Liability Policy
Westfield Ins. Co. v. Weaver Cooke Constr., LLC, 2019 BL 129431 (E.D.N.C. Apr. 11, 2019) This case arises out of the alleged defective construction of a condominium complex in North…
Constructlaw®
New York Supreme Court Granted Summary Judgment for Subcontractor Where Contractor Attempted to Utilize Contractual “Pay-When-Paid” Provision to Unreasonably Withhold Payment from Subcontractor
A.E. Rosen Elec. Co. v. Plank, LLC, No. 07862-7, 2019 BL 113951 (Sup. Ct. Mar. 01, 2019) On March 1, 2019, the Supreme Court of New York, Albany County, granted…
Constructlaw®
Enhanced Anti-Corruption Scrutiny in Construction Industry
By Bob Gallagher, Anthony Finizio, Michael A. Schwartz
Bribery and corruption have long plagued the construction industry, particularly in emerging markets in Latin America, Eastern Europe, the Middle East and Asia-Pacific. Large contracts often trickle down through layers…
Constructlaw®
Contractor’s Third Party Beneficiary Claim Dismissed Against Designer Where Designer’s Contract with Owner Lacked Clear Intent to Benefit the Contractor
Arco Ingenierosm, S.A. v. CDM Int'l Inc., Civil Action No. 18-12348-PBS, 2019 BL 100779 (D. Mass. Mar. 22, 2019) In November 2009, Tropical Storm Ida hit El Salvador, causing flooding,…
Constructlaw®
Colorado Court of Appeals Finds Contractor Satisfied Conditions Precedent Under Performance Bond
Whiting-Turner Contracting Co. v Guar. Co. of N. Am. USA, 2019 BL 97923 (Colo. App. Mar. 21, 2019). This construction dispute involved rights and obligations under a performance bond supplied…
Constructlaw®
Federal Court in Louisiana Upholds Suspensive Condition Not Subject Solely to Owner’s Whim
Team Contractors, LLC v. Waypoint Nola, LLC, No. 16-1131, 2019 BL 96133 (E.D. La. Mar. 20, 2019) The Eastern District of Louisiana recently denied the motion of a prime contractor…
Constructlaw®
Alaska’s Supreme Court Holds That Executing a Settlement Agreement Releases Parties from Contractual Obligation to Arbitrate Disputes
By Ryan Deroo
SMJ Gen. Constr., Inc. v. Jet Commer. Constr., LLC, No. S-16785/16985, 2019 BL 131640 (Alaska Apr. 12, 2019) In 2016, Jet Commercial Construction, LLC (“Jet”) entered into a subcontract with…
Constructlaw®
Utah Federal Court Dismisses Claim for Attorney Fees Finding That Neither the Indemnification Provision nor the Failure-To-Perform Provision Applies to a Lawsuit Between Contractor and Subcontractor
R&O Constr. Co. v. MBA Gen. Contracting, LLC, No. 1:18-cv-00042, 2019 BL 98680 (D. Utah Mar. 21, 2019) On March 21, 2019, a Utah federal court granted Defendants MBA General…
Constructlaw®
Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against Subsidence Damages
Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019) Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion…
Constructlaw®
Supreme Court of New York Rejects Property Owner’s Request for Further Itemization of Mechanic’s Lien, Holding Production of Invoices Detailing the Quantity, Price and Date of Delivery of Materials Is Not Required
By John Gazzola
Matter of Red Hook 160 LLC v. Borough Constr. Grp. LLC, No. 524909/18, 2019 BL 122210 (N.Y. Sup. Ct. Mar. 19, 2019) This cases arises out of a project owner’s…