Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
In an opinion published in September 2014, entitled Moorefield Construction, Inc. v. Intervest Mortgage Investment Company, et al., D065464, the California Court of Appeal held an original contractor can contractually waive...more
Construction lawyers may not ponder the great questions in life.
We leave that to the estate planning attorneys.
But ponder we do.
And the next case, as I’ll explain below, “kind of” answers 10 important...more
The Pennsylvania Legislature recently passed, and Governor Tom Corbett signed into law, Act 142 amending the Mechanics’ Lien Law of 1963 to create the State Construction Notices Directory. The Directory, which is slated to...more
The rate of bankruptcies among construction industry participants is higher than some think. The bankruptcy of a developer creates an “automatic stay” under federal law preventing almost all collection activities, including...more
The smoke has finally cleared in a hard and long-fought battle between a bank and contractor both claiming priority to foreclose millions of dollars on a Phoenix condominium project. The project, well-known as Summit at...more
Mississippi recently enacted a new construction lien law. This article addresses certain key provisions of the new law - codified at Mississippi Code Annotated § 85-7-401 (Rev. 2014) - that apply to commercial projects.
Our reports on the oral arguments from the May term of the Illinois Supreme Court continue with Lake County Grading Company, LLC v. The Village of Antioch. Lake County – which comes to the Court from the Second District –...more
In the wake of the Fifth Circuit Court of Appeals’ long-awaited ruling in Noatex Corp. v. King Construction of Houston, LLC, Case No. 12-60385 (5th Cir. Oct. 10, 2013), which struck down Mississippi's now-repealed Stop-Notice...more
Recently, a Louisiana Appellate Court affirmed a lower court's ruling that, to preserve its lien claim under Louisiana state law, a material supplier on a public works project must provide notice of nonpayment for each month...more
In our fourth issue of The Construction Advantage, we depart from summaries of regional and national case law to provide you with some helpful information from George Burns, David Ray and Michael Bosse on contract drafting,...more
In This Issue:
- Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement
- Your Venue, My Bond Claim: A Florida Law Primer
- The Condominium Form Of...more
Construction clients very often perform work in places far from either the corporate office, or far from the construction client's local office. Our clients even perform work - dare we admit - far from their attorney's...more
Occasionally, old news is new news. The topic of notice by subcontractors and suppliers to preserve their lien and bond payment rights is discussed more often than may be necessary, but inattention or carelessness in regard...more
The old adage “time is money” is truer perhaps in the construction industry than anywhere else. Delays can cause significant economic damages for everyone involved on a construction project....more
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