Pennsylvania Changes the Remedies for Payment Disputes on Public Works Projects

CASPA was replaced by PPA as the statute for determining remedies in payment disputes The Pennsylvania Supreme Court has revised the standards for determining remedies for contractors and subcontractors in payment disputes on public works projects. T

Imprecise Contract Language Precludes Additional Insured Coverage

There’s a difference between “for whom” and “with whom.” Contractor know that insurance companies will peruse provisions in insurance contracts for language that will enable them to deny coverage. The New York case, Gilbane Building Co. v.

The Spearin Doctrine Explained

A short history of the Spearin Doctrine The Spearin Doctrine, or the doctrine of implied warranty of adequacy, is one of most basic tenets of construction law. It was first established in United States v. Spearin (248 U.S. 132) in 1918. Matthew DeVri

Responsibility for Jobsite Safety Can Be Determined by Contract Provisions

Contract provisions can override the general rule. General contractors are not usually held responsible for the well-being of the employees of subcontractors. There are, however, exceptions, as Kent Holland explains in an article in ConstructionRisk.

Opinion—Federal Agencies Threaten Our Democracy

The unchecked power of Federal agencies is a far greater threat to our democracy than most people realize By Don Wallis I’ve expressed my concern that, given Congress’ long standing refusal to pass meaningful legislation, presidents have filled t

Precise Language in an Indemnity Provision is Essential

A California court rules that contract language take precedence over the doctrine of equitable indemnity. The California Court of Appeals for the First District clarified how courts, at least in California, will interpret indemnity provisions in cons

Excess Insurer can be Sued by Policyholder for Failure to Cover a Claim

The Ninth Circuit rejects an excess insurer’s arguments that it’s not liable for a claim against the insured and the primary insurer. It is accepted that insurers will examine the contractual language of their policies and the underlying facts su

VA Officials Will Not Be Prosecuted for Cost Overruns

No one is to be held responsible for budget overruns for a VA hospital that will cost three times its original estimated amount The Department of Justice, the U.S. Congress, and both the last Administration and the current one have addressed the Depa

A Classic Case of Quantum Meruit

Illinois Appellate Court rules in favor of defendant in a quantum meruit claim. Brandon Carter, writing in the ABA’s The Dispute Resolver, discusses an Illinois Appellate Court case, Archon Construction Co. v. U.S. Shelter , 2017 IL App (1st) 15340