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Construction Practices Newsletter
A Bankruptcy Debtor Is Subject To Subpoena As A Third Party Witness Notwithstanding The Bankruptcy Automatic Stay Surety and Construction Law Briefings Summer 2001
A Manufacturer Of An Additive To Residential Building Materials Can Be Strictly Liable To Homeowners If The Additive Is Inherently Defective And Has Only One Purpose, Therefore, Not Constituting A Raw Material Surety and Construction Law Briefings Summer 2001
A Strictly Liable Developer Cannot Recover Joint And Several Damages From A Subcontractor: It Can Only Recover The Subcontractor's Proportionate Share Of Damages Based On Fault Surety and Construction Law Briefings Summer 2001
A Subsequent Contractor Performing Repair Work On A Project Unrelated To The Original Construction Has No Indemnity Obligation To The Original Developer Surety and Construction Law Briefings Summer 2001
A Surety Is Not Subrogated To Its Principal's Bad Faith Claims Against The Principal's General Liability Carrier If The Principal Suffered No Injury By Virtue Of The Carrier's Conduct Surety and Construction Law Briefings Summer 2001
An Unlicensed Contractor May Pursue An Action For Racial Discrimination During The Performance Of The Contract, But May Not Seek To Collect Under The Contract Surety and Construction Law Briefings Summer 2001
Community Property That Is Not Included In One Spouse's Bankruptcy Schedules As Such Is Available To Creditors Owed Community Debts As Against The Non-Bankrupt Spouse Surety and Construction Law Briefings Summer 2001
Construction Manager Is Not Liable to Architect Under Indemnity Clause Where Contract With Owner Precludes Anyone but Owner From Enforcing Contract Surety and Construction Law Briefings Summer 2001
DLSE Penalties Trump Performing Surety's Equitable Subrogation Rights To Contract Funds Surety and Construction Law Briefings Summer 2001
Entitlement To The 2% Late Payment Penalty And Attorney's Fees For Failure To Pay Retention Is Based On The Quantum Of The Bona Fide Dispute At The Time Of The Failure To Pay, Not At The Time Of Trial Surety and Construction Law Briefings Summer 2001
Erisa Does Not Preempt Stop Notice And Payment Bond Remedies For Money Owed To Public Works Employees Surety and Construction Law Briefings Summer 2001
No Hearings Required For Dlse Notices To Withhold Prevailing Wages And Penalties Surety and Construction Law Briefings Summer 2001
Stop Notice Release Bond Issued Prior to Filing of Action on the Stop Notice Cannot Be Enforced Via a Summary Proceeding Surety and Construction Law Briefings Summer 2001
Subcontractors May Recover 2% Penalties for Late Progress Payments Surety and Construction Law Briefings Summer 2001
The Two Year Statute Of Limitations Applicable To Oral Contracts Applies To A Professional Negligence Claim Against An Architect And A Construction Manager Surety and Construction Law Briefings Summer 2001
The Venue Clause In A Disputed Arbitration Provision Cannot Govern Venue For A Suit To Enjoin The Arbitration Surety and Construction Law Briefings Summer 2001