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|Louisiana New Home Warranty Act & the LREC Property Disclosure Form|
Christie L. Laporte; Galloway, Johnson, Tompkins, Burr & Smith A Professional Law Corporation;
September 15, 2014, previously published on September 8, 2014This post is in response to the Louisiana New Home Warranty Act, La. R.S. 9:3141 et seq., and the mandatory Louisiana Real Estate Commission (LREC) property disclosure form. Case: Stutts v. Melton, 2013-0557 (La. 10/15/13), 130 So. 3d 808, 810, reh’g denied(Dec. 6, 2013).
|Procedural Differences for Claims on Standard Form Performance and Payment Bonds|
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
September 5, 2014, previously published on September 2, 2014Construction suretyship is a three-part relationship in which a surety provides performance and payment bonds guarantying the performance of a contractor to an owner and the contractor’s subcontractors and suppliers. A contractor may also demand performance and payment bonds from its...
|Enough with the COFEDs!|
September 5, 2014, previously published by Subcontractors News on September 2014Much is being observed today regarding how one-sided basic contract language has become in the construction industry. This occurs at all levels: between owner/developers and their CM/GCs; CM/GCs and their subcontractors; and among subcontractors and their second tier specialty trade...
|Montgomery County Considers Adoption of Amended Version of 2012 International Green Construction Code|
Stuart R. Barr; Lerch Early Brewer Chartered;
September 5, 2014, previously published on September 2, 2014Montgomery County now is proposing to do what the state of Maryland did in March 2011 ¿ adopt the International Green Construction Code (IgCC). The IgCC is a model code created by the International Code Council that provides minimum requirements to safeguard the environment, public health,...
|Tips and Updates Related to Construction Contracts|
Matthew H. Hanka; Fryberger, Buchanan, Smith & Frederick, P.A.;
September 3, 2014, previously published on August 28, 2014This summer promises to be a busy one for local construction projects. Commercial and residential projects are rapidly increasing in number. And, regardless of whether you are involved in a large commercial project, or looking to update or build a new home, the following practical tips and...
|Shafer Electric & Construction v. Mantia: PA Supreme Court Holds That Noncompliance with the Home Improvement Consumer Protection Act Does Not Entitle Homeowners to Free Work|
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
September 2, 2014, previously published on August 21, 2014Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the contractor’s home improvement contractor registration...
|Precedent Setting Case: Standard Exclusion in Course of Construction Insurance Policy Interpreted for First Time|
Lauren Kristjanson, Grant H. Mayovsky, David Miachika, Christopher J. O'Connor; Borden Ladner Gervais LLP;
August 29, 2014, previously published on August 25, 2014Acciona Infrastructure Canada Inc.v. Allianz Global Risks US Insurance Company, 2014 BCSC 1568 ¿ Builders Risk (Course of Construction) Policy; LEG2/96 Defects Exclusion Interpreted; Fortuity and Damage Requirements Clarified
|Mechanics Liens: Better Than Money Judgments|
Asha Echeverria; Bernstein Shur;
August 27, 2014, previously published on August 25, 2014In a recent Maine mechanics lien case, Cote Corporation v. Kelley Earthworks, the Maine Supreme Judicial Court upheld Cote Corporation’s mechanics lien judgment. In this case, Cote filed a mechanics lien against property owned by Kelley for the construction of an asphalt plant on...
|Stop Being So Unreasonable!|
Michael R. Bosse; Bernstein Shur;
August 27, 2014, previously published on August 25, 2014In a recent case decided in the United States Court of Appeals for the Federal Circuit, the Federal Court considered when costs are reasonable and when they are not. Kellogg Brown and Root Services Inc. (“KBR”) entered into a contract with the Army back in 2001 to provide logistical...
|Buying “As Is” Precludes Future Claims|
Meredith Eilers; Bernstein Shur;
August 27, 2014, previously published on August 25, 2014 In a decision issued on August 20, 2014 by the First Circuit Court of Appeals in Boston, the court both enforced an “as is” provision in a purchase and sale agreement and concluded that the sale of a multimillion dollar oceanfront property in Bar Harbor was not accompanied by...