A Utah federal court recently held that when negotiating a pass-through settlement agreement, a contractor has a duty to disclose information to its subcontractor regarding the viability of the claims to be passed through....more
Recently, the Oregon Court of Appeals reinstated a contractor’s mechanics lien claim notwithstanding the owner’s offer of payment because the offer was conditioned on the contractor signing a broad lien waiver that would have...more
1/2/2024
/ Appeals ,
Construction Contracts ,
Construction Industry ,
Construction Liens ,
Construction Litigation ,
Foreclosure ,
General Contractors ,
Liens ,
Mechanics Lien ,
Oregon ,
Property Owners
A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more
10/6/2023
/ Breach of Contract ,
Business Interruption ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Interpretation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Damages ,
General Contractors ,
Subcontractors
Many contracts contain provisions requiring that changes to a contract be in writing and signed by a particular authorized person. Under such provisions, work done without proper written authorization will not be...more