General Business Commercial Real Estate Construction

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
News & Analysis as of

New retainage law goes into effect November 6

Massachusetts enacted a new retainage law that will require owners, prime contractors and subcontractors to pay retainage according to the law’s terms on a construction contract if... ...more

Florida Insurer Waives Two-Year Requirement by Waiting That Long to First Raise It

Florida court recently held that the insurer could not rely on a policy requirement that conditioned recovery of the cost of complying with current building codes during reconstruction on having completed the work within two...more

Choose Your Words Wisely: The Allegations in a Construction Defect Complaint

On August 5, 2014, the Supreme Court of Connecticut, in Travelers Cas. & Sur. Co. v. Netherlands Ins. Co., 312 Conn. 714 (2014), affirmed a trial court's decision that allegations of years-long, continuing and progressive...more

Rent Constant Pricing in Build-to-Suit Transactions

A build-to-suit (BTS) project often puts the corporate real estate department in a challenging position. The project must conform to an approved budget, while also facing a very tight schedule with a series of milestones that...more

“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall

The S.C. Court of Appeals recently applied the “your work” exclusion in a declaratory judgment action arising out of a construction defect suit to find the policy did not provide coverage. In Precision Walls v. Liberty Mutual...more

North Dakota Supreme Court Establishes Defense to “No Damage for Delay” Clause

In June 2014, the North Dakota Supreme Court issued its decision in C&C Plumbing & Heating, LLP v. Williams County et al, No. 20130297. The Court articulated a new defense to the application of a “no damage for delay” clause....more

Massachusetts Superior Court Holds Construction Manager At-Risk Responsible for Design Errors / Holds that Spearin Doctrine Does...

The Worcester Superior Court recently issued a potentially landmark decision clarifying the risk that construction managers assume when entering into CM-At Risk contracts. ...more

Mainebiz Real Estate Insider – Reading Between the Liens

Maine has one of the most powerful mechanics lien laws in the country protecting contractors’ rights to get paid for their work, sometimes to the detriment of owners and mortgage holders. A mechanics lien creates a security...more

Polsinelli Podcasts - How Stop Work Laws May Impact the Construction Industry [Video]

There’s a trend happening across the country involving Stop Work Laws. Arizona, California, Nevada and other states have enacted Stop Work Laws which give a contractor or subcontractor the ability to stop work on a...more

Managing Construction Risks: Strategies to avoid the Unexpected

Construction of Tenant Improvements and Alterations carry an inherent risk. There are several key issues a tenant may want to consider, including the following: - Permitting –Leases typically put two (2) construction...more

Think You Are Covered By An Additional Insured Endorsement? Recent Opinion Serves as a Reminder to Read the Coverage Language

The United States Court of Appeals for the Fifth Circuit issued an opinion this month that should serve as a reminder to prime contractors to review the coverage granted to them as additional insureds on their subcontractors’...more

Developers Beware – Court of Appeal Clarifies the Effect of a Breach of the Sale of Land Act

In Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75, the West Australian Court of Appeal has considered the legal consequences of a developer entering into off the plan contracts in breach of Section 13 of the Sale of Land...more

Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement

In Woodward, L.L.C. v. Acceptance Indemnity Insurance Company, WL 535726 (5th Cir. 2014), the Fifth Circuit Court of Appeals held the insurer had no duty to defend the contractor named as an additional insured under a...more

Mortgage Lenders Can’t Jump Ahead of Mechanic’s Liens

In Weitz Co., LLC v. Heth, 223 Ariz. 442, 314 P.3d 569 (Ct. App. Nov. 26 2013), the Arizona Court of Appeals held that the plain language of Arizona’s mechanic lien statute, A.R.S. § 33-992(A), does not allow a lender to jump...more

Filing A Lien When The Work Is Done For A Tenant Rather Than An Owner

Commercial landlords often allow commercial tenants to construct a buildout tailored to their business (e.g., retail stores, restaurants, redesigning office space, etc.). Such tenants hire general contractors who in turn hire...more

Arizona Court of Appeals Gives Contractor the Edge over Certain Lenders in Mechanic’s Lien Foreclosure Lawsuit

In lien foreclosure lawsuits involving lenders and contractors, priority is everything. Where you stand in terms of priority will not necessarily determine when you get paid, but rather will determine whether you get paid....more

New Jersey Bill Would Compel Insurers to Cover Faulty Construction Work

The New Jersey Legislature has entered the ongoing national debate about whether faulty construction work is considered an “occurrence” under general liability insurance policies. Introduced on November 25, 2013, A. 4510...more

A Guide To Making O&P Payments On Texas Roof Repairs

Nearly every estimate submitted on behalf of a Texas building owner for the replacement of a commercial roof includes the same last two line items... Originally published in Texas Law360 on December 2, 2013....more

The Construct: Your Guide to Law in the Construction Industry - November 2013

In This Issue: - Contractor Alert: Help Available for Small Businesses in the HUB Zone Program: Recognizing that our country -- our "team," if you will -- is stronger when all our players are on the field and...more

Real Estate Tip - Standard Forms May Lead to Not-So-Standard Responsibilities

Standard affidavits and standard indemnities are potential traps for any borrower, even sophisticated commercial developers. Consider the experience of developers in West Virginia. At the closing for a $20 million apartment...more

Indiana Court of Appeals Once More Asked to Interpret AIA Standard Construction Contract

This week's discussion focuses on the interpretation of the American Institute of Architects (AIA) standard construction contract by the Indiana Court of Appeals in the recent case Allen County Public Library v. Shambaugh &...more

CIS Legal Update - September 2013: The Supreme Arbitrazh Court Provides Case Studies on Defending Property Rights

In defending their property rights in the Russian Federation (the “RF”), plaintiffs sometimes fail to either establish the appropriate legal means to pursue a claim in court or correctly identify the defendant. In an attempt...more

The Connecticut Supreme Court, in a Case of First Impression, Holds Negligent Construction Insured Under General Liability Policy

In Capstone Building Corp. v. American Motorists Insurance Co., 67 A.3d 961 (Conn. 2013), the Supreme Court of Connecticut held, in a case of first impression, that commercial general liability insurance policies may cover...more

Under Construction - September 2013: Arizona Court to Architect: You Have One Less Payment Tool than Your Contractor Counterparts

Architects occasionally get into payment disputes with project owners in much the same way as general contractors do. When that relationship sours, and litigation becomes necessary to secure payment, architects and...more

Under Construction - September 2013: Summary of Nevada Law on the Economic Loss Doctrine in the Context of Commercial Construction...

The Nevada Supreme Court has addressed the economic loss doctrine in the context of commercial construction disputes in a number of cases over the past several years. Nevada’s general rule, as detailed below, is that the...more

158 Results
|
View per page
Page: of 7

Follow General Business Updates on: