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Opinion—Labor shortages are keeping construction companies from expanding
By Don Wallis Young people do not find construction work attractive The construction industry has traditionally been attractive to young people, especially those who not have a college degree, do not want to punch a time clock, but do want to work
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Do General Liability Policies Cover Intentional as Well as Unintentional Acts?
In some instances intentional acts are covered. General liability insurance policies provide that the insurer will defend and, if necessary, indemnify accidental, or negligent, acts but do not cover intentional acts that harm third parties. But can t
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Third-Party Claims Require Proof of Privity of Contract
Indiana court outlines the criteria needed to allow a third-party claim against a subcontractor Privity of contract is required to successfully pursue a claim for breach of contract. An issue that often arises is whether an owner can file a claim aga
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TN Court Clarifies the Effect Licensing Limits have Upon Contractors’ Ability to Recover the Amount Owed per a Contract
The court’s ruling ends a discrepancy between somewhat different previous statutory provisions Most, if not all, states have statutes that stipulate that contractors must obtain contractor’s licenses. (In some states there are exceptions for proj
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Pennsylvania Contractor and Subcontractor Payment Act is Revised
The provisions for both suspending work and withholding payment are now more equitable The Pennsylvania Contractor and Subcontractor Payment Act (“CASPA”) stipulates the procedures that must be followed by contractors, subcontractors and owners w
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Early Registration Now Open For Construction SuperConference
Early registration for Construction SuperConference (CSC), the preeminent construction conference developed for mid- to senior-level professionals who work in any of the legal and commercial construction markets, is now open. Kevin Gaffney, group sho
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Opinion—Real Estate Developers Increase Profits by Embracing Regulations Instead of Fighting Them
By Don Wallis Developers are helping restore the vitality of the Chesapeake Bay. The construction industry devotes considerable time and expense fighting to limit environmental regulations that prevent builders and developers from making a profit.
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Local School Board Can Render a Contract Void because it Exceeded Its Statutory Authority
There was no legal recourse for the contractor who entered into the contract with the School Board. Contractors working for governmental agencies, more often than not, are at a disadvantage when legal disputes arise. A Virginia case provides yet anot
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The Faulty Work of a Subcontractor is Probably a Covered “Occurrence” in New York
The Tenth Circuit interprets contractual language in favor of the policy holder. The U.S. Court of Appeals for the Tenth Circuit recently ruled that the New York Court of Appeals would find that damage to a project caused by a subcontractor’s accid