Liquidating Agreements: Biting the Hand That Won’t Feed You
When a subcontractor has a claim for damages caused by the owner of the project, it must enter into a “liqu...
Pleading Inconsistent Theories of Recovery
Bucking a recent trend, a lower court refused to dismiss potentially “duplicative” causes of action in a co...
Arbitration Clause Not “Incorporated By Reference”
Rare is the subcontract that does not expressly “incorporate by reference” the terms of the prime contract....
Another Insurance Claim Bites the Dust: “Construction Management For a Fee”
A construction manager that purchased a general liability insurance policy containing an endorsement with a...
Overreaching In Tough Indemnity Clause Proves Costly
Trying to draft the toughest indemnity clause you can think of might backfire.
Another Trap For Home Improvement Contractors
In a case of first impression, a court in Suffolk County holds that a licensed home improvement contractor ...
Unsatisfactory Performance Leads To Finding Of Non-Responsibility
The court upholds the decision of the Suffolk County Water Authority which found a low bidder to be non-res...
“Leapfrogging”--Owner Direct Payment To A Subcontractor
Direct payment by an owner to a subcontractor holds a number of benefits for each party.
