In early October, California’s governor signed into law Senate Bill 38, which amends Section 761.3 of the California Public Utilities Code to address safety concerns with the booming battery energy storage (BESS) industry in...more
n Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or...more
Bradley regularly represents general contractors (and other contracting parties) on large hospital projects – whether it be during project development, construction, or in the dispute stage. In one recent case, Bradley...more
Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently...more
11/15/2019
/ AL Supreme Court ,
Appeals ,
Banking Sector ,
Construction Industry ,
Construction Project ,
Debt ,
Debt Collection ,
Debtors ,
Dismissals ,
Federal Pleading Requirements ,
Financial Services Industry ,
General Contractors ,
Lenders ,
Materialman's Lien ,
Mortgage Lenders ,
Mortgage Priority ,
Mortgages ,
Property Owners ,
Subcontractors
Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was drafted with the intent of providing construction lenders priority over materialmen as to debts relating to construction projects. This intent was...more
10/23/2019
/ AL Supreme Court ,
Appeals ,
Banking Sector ,
Construction Industry ,
Construction Project ,
Debt ,
Debt Collection ,
Debtors ,
Dismissals ,
Financial Services Industry ,
General Contractors ,
Lenders ,
Materialman's Lien ,
Mortgage Lenders ,
Mortgage Priority ,
Mortgages ,
Promissory Notes ,
Subcontractors
Sovereign immunity is the legal doctrine, dating back to the days of the British monarchy, that a sovereign or state cannot commit a legal wrong and is immune from suit: in essence, “the king can do no wrong.” ...more
4/20/2018
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Delay Claims ,
Municipalities ,
Popular ,
Public Projects ,
Sovereign Immunity ,
State and Local Government ,
Waivers
A recent Georgia appellate court decision serves as a stark reminder to contractors on government projects that sovereign immunity, though frequently disclaimed in the contract, may limit a contractor’s ability to recover. In...more
In a recent Missouri appellate decision, the court recognized and reaffirmed the Spearin Doctrine which provides that an owner impliedly warrants the adequacy of plans and specifications it provides to a contractor. In Penzel...more