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No Free Warranty: Connecticut Court Adopts Correction or Repair Test

Constructlaw

ALS began performing invasive species removal and control work for a Connecticut Department of Transportation (DOT) intersection improvement project in February 2018. ALS completed its removal work in August 2018. Travelers Casualty & Surety Company of America (Travelers) issued the payment bond for the project.

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#112:  Owners' Implied Warranty Rights Against Subcontractors

NH Construction Law

A few years back I blogged ( #84 ) that owners generally lack “third party beneficiary” rights required in order to enforce subcontracts. But what about the implied warranty of good workmanship ( #4 )? Illinois has declined to abandon the privity requirement when it comes to suits against subcontractors. Champion Aluminum Corp. ,

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#105:  Nonmutual Arbitration Agreements

NH Construction Law

Many construction contracts and subcontracts provide for arbitration of disputes. Some of them give just one of the parties an option to require arbitration. Such unilateral arbitration clauses are viewed by some courts with disfavor. See DiMercurio v. Sphere Drake Insurance, PLC , 202 F.3d 3d 71, 81 (1st Cir. Harbor Construction Co.

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#70:  Owner and GC Tort Duties to Subcontractor Employees

NH Construction Law

203 (2018), provides some guidance. A&M’s subcontract required it to assume full responsibility for implementing safety programs on the project, to maintain all work areas in a safe manner, and to furnish all safety equipment. Who is liable for injuries to the sub’s employees in such cases? The recent case of Grady v.

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Avoiding Disaster Due to Improper Licensing

Construction and Infrastructure Law

5th 945 (2018). subcontract with Bernards to install an HVAC system in a new facility being built for the District. We are reminded of this by the recent case of JMS Air Conditioning and Appliance Service, Inc. Santa Monica Community College District, Bernards Bros., In that case, JMS entered into an $8.2M

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#66:  Labor Inefficiency Costs: Who Pays? How Much?

NH Construction Law

Sometimes unanticipated compression is the result of acts of God or of third parties, in which case it is crucial to examine the contract or subcontract to see who has agreed to bear this risk. IPS-Integrated Project Services, LLC , 2018 WL 1525725 (D.N.H. See Town of Bedford v. Brooks , 121 N.H. In Fraser Engineering Company, Inc.

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“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

Construction and Infrastructure Law

Contractors generally pass these withholdings on to their subcontractors via a retention clause in the subcontract. Coast), entered into a direct contract with an owner and a subcontract with United Riggers & Erectors (United). This withholding is called a retention. In United Riggers , 243 Cal.App.4th