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HTMLNavigators Specialty Ins. Co. v. Moorefield Construction, Inc. (4th Dist. Ct. App. 2016) ---Cal. App. 4th ---, 2016 DJDAR 12685
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
March 24, 2017, previously published on January 23, 2017
DBO Development developed a shopping center project and hired Moorefield to act as the general contractor. The project included a space to be used as a Best Buy store. Under the contract between DBO and Moorefield, the Best Buy building was to be completed by a certain date and a failure to...

 

HTMLOFCC Adopts Changes to Best Value Selection Process
William S. McCoy; McDonald Hopkins LLC;
Legal Alert/Article
March 24, 2017, previously published on January 13, 2017
The Ohio Facilities Construction Commission (OFCC) today completed its review of Ohio Administrative Code provisions for state public improvements-a process it undertakes every five years.

 

HTMLTidwell Enterprises, Inc. v. Financial Pacific Ins. Co., Inc. (3rd Dist. Ct. App. 2016) ---Cal. App. 4th ---, 2016 DJDAR 11743
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
March 24, 2017, previously published on January 23, 2017
Tidwell Enterprises, Inc. was involved in the installation of a fireplace during the construction of a new home. The construction contract called for the fabrication and installation of a custom "termination top" designed by the project architect. Tidwell was insured by Financial Pacific...

 

HTMLAdvent, Inc. v. National Union Fire Ins. Co. (6th Dist. Ct. App.2016) ---Cal. App. 4th ---, 2016 DJDAR 12038
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
March 24, 2017, previously published on January 23, 2017
Advent, Inc. was hired by Global and Aspen to be the general contractor on a project. Advent subcontracted with Pacific, which in turn subcontracted with Johnson to furnish and install shotcrete for perimeter walls. The Advent/Pacific subcontract required Pacific to obtain general liability...

 

HTMLB.C.'s New Civil Resolution Tribunal Orders Special Levy to Fund Repairs to Strata Property
Krista M. Johanson; Borden Ladner Gervais LLP;
Legal Alert/Article
March 21, 2017, previously published on February 1, 2017
In its first significant decision, BC's new Civil Resolution Tribunal ("CRT") has ordered a strata corporation to raise a special levy to perform repairs at the urging of a single strata owner. This decision indicates that the CRT, which is the new, mandatory dispute resolution venue for...

 

Adobe PDFThe Buyer’s Remedy of Cover
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 16, 2017, previously published by Plumbing Systems & Design on September 2009
Thus, this article offers a comprehensive overview of cover and how it affects plumbing contractors, vendors, and purchasers who engage in everyday commerce involving plumbing supplies and materials.

 

Adobe PDFThe Perils of the Statute of Frauds
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 16, 2017, previously published by Plumbing Systems & Design on April 2009
For purposes of this discussion, let’s assume that the parties did have a contract. They had the requisite offer, acceptance, consideration, and meeting of the minds on all essential terms. The only thing they did not have was a written document memorializing their deal. Could Paul enforce...

 

Adobe PDFRTGC: Read the General Contract
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 16, 2017, previously published by Plumbing Systems & Design on January/February 2009
All too often I hear stories about business executives who sign legal documents such as contracts, leases, notes, mortgages, releases, or assignments without actually taking the time to read them.

 

Adobe PDFUnderstanding Liquidated Damages
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 16, 2017, previously published by Plumbing Systems & Design on June 2008
By learning about the ramifications and pitfalls of liquidated damages and delay claims in advance, the savvy plumbing contractor could work with his attorney to avoid costly litigation in the future.

 

Adobe PDFMechanic’s Liens and You
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 16, 2017, previously published by Plumbing Systems & Design on September 2008
Mechanic’s liens are grounded in statute, and the law varies widely from state to state. For that reason, it is imperative that you consult with a local attorney to assist you with a mechanic’s lien. This article is meant only to give you a general overview.

 


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