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Recent Posts

GENERAL CONTRACTORS: CONSIDER IMPORTANCE OF “PRIMARY AND NONCONTRIBUTORY” LANGUAGE

Posted on 5 February, 2017
In prior articles, I reinforced the importance of general contractors including “primary and noncontributory” language in subcontracts and requiring the subcontractor to provide an analogous "primary and noncontributory" endorsement.   As a general contractor this is important, particularly since you are going...

PRIME CONTRACTOR & SURETY’S RECOVERY OF ATTORNEY’S FEES IN MILLER ACT LAWSUIT

Posted on 28 January, 2017
Can a claimant recover attorney’s fees in a Miller Act payment bond dispute even though the Miller Act does not contain a prevailing party attorney’s fee provision?  Yes, if the underlying contract that formed the basis of the suit provided for...

CAN A NON-SIGNATORY INVOKE AN ARBITRATION PROVISION?

Posted on 27 January, 2017
As you know from prior postings, arbitration is a creature of contract.  Hence, if you want your disputes to be resolved through arbitration, as opposed to litigation, make sure to include an...

SOMETIMES YOU NEED TO CONSIDER THE COBLENTZ AGREEMENT

Posted on 19 January, 2017
Since insurance, particularly liability insurance, is such an important component when it comes a construction project, understanding certain nuances such as a Coblentz Agreement (a what kind of agreement agreement?!?—keep reading) becomes helpful.  

TENDER THE DEFENSE OF A LAWSUIT TO YOUR LIABILITY CARRIER

Posted on 13 January, 2017
Sometimes you come across a head scratcher.  This would be a decision that does not seem to make a whole lot of sense.  For instance, if you are sued and you maintain liability insurance that would potentially provide you a defense and indemnification, not notifying...