In a dispute between a general contractor and its window subcontractor arising from a $500 million construction project in Manhattan, a question arose concerning the extent to which an insurer providing subcontractor default...more
The Supreme Judicial Court of Massachusetts (“SJC”) recently issued a slip opinion (subject to further revisions) Marengi v. 6 Forest Road LLC, SJC-13316 (December 14, 2022) setting the standard by which a court may require a...more
When a party to a construction contract is faced with nonperformance of another party, often the desire to keep the project moving takes precedence in responding to the performance default. ...more
On April 17, the California Court of Appeal decided Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America, effectively narrowing the scope of enforceable “pay-when-paid” provisions in construction...more