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Recent Posts

GENERAL CONTRACTOR’S PROFESSIONAL MALPRACTICE / NEGLIGENCE CLAIM AGAINST DESIGN PROFESSIONAL

Posted on 23 November, 2017
A recent case supports a professional malpractice (negligence) claim by a general contractor against a design professional by reversing a trial court’s entry of summary judgment in favor of the design professional and finding a question of fact remained as to...

POWER OF WORKERS COMPENSATION IMMUNITY ON CONSTRUCTION PROJECT

Posted on 17 November, 2017
On construction projects, workers compensation immunity is real and it is powerful.  (See also this article.)  Workers compensation immunity is why all general contractors should have workers compensation insurance and they should ensure the subcontractors they hire...

ARE YOU A CONSTRUCTION LIENOR?

Posted on 11 November, 2017
When it comes to construction lien rights, not everyone that touches the project is a proper lienor.  Forget about timely serving a Notice to Owner or recording a claim of lien, if you are not a proper lienor, it does not...

HOW DOES YOUR CONSTRUCTION CONTRACT TREAT FLOAT

Posted on 5 November, 2017
Although there are different types of construction schedule float and more technical definitions, the definition that makes sense to me is that float is the amount of time a particular activity can be delayed without that activity delaying the project’s completion date (substantial...

QUICK NOTE: INSURER’S DENIAL OF COVERAGE WAIVES RIGHT TO ENFORCE POST-LOSS POLICY CONDITIONS

Posted on 29 October, 2017
  There is ostensibly a big difference between an insurance carrier DENYING coverage and simply asking for additional information, as permitted under the post-loss conditions of a property (first-party) insurance policy, right?  Typically, the answer is yes and there is a big difference....