Legal Insights Archive

Dealing with a Problem Project

”Any Construction Project Is a Problem In Progress” What separates successful owners, contractors and subcontractors from the unsuccessful ones is the ability to effectively manage those problems. Through the effective management of problems with good people, problems can be resolved without deteriorating into serious disputes, or if disputes occur, they can be more timely and […]

Court Holds that Subcontract Conditional Payment Clause is Not a Defense to a Surety on a Payment Bond Claim

In the recently decided case of Crosno Construction, Inc. v. Travelers Casualty & Surety Company of America, No. D075561, 2020 WL 1899278 (Cal. Ct. App. Apr. 17, 2020) the California Court of Appeals issued a victory for subcontractors’ and suppliers’ payment rights by holding that a subcontract “conditional payment” clause may not be relied on […]

Legal Risks + How To Avoid Them

On March 30, 2020, Don Gregory spoke with Doug Houser from Rea & Associates on their Unsuitable podcast. On his episode, Legal Risks And How To Avoid Them, Don provided some legal tips on how to avoid trouble. You can listen to the full podcast episode here.

Ohio’s Stay-at-Home Order Spares Construction Industry, For Now

In a further effort to curtail the spread of COVID-19, the Ohio Department of Health today issued a “Stay-At-Home” Order restricting the operation of all “non-essential businesses.” Unlike previous measures taken by the State, today’s Oder is enforceable by State and local law enforcement. For now, these restrictions largely spared the construction industry, which the […]

Can you Recover Compensation for Coronavirus Delay?

While almost every factual situation and contract is different, generally speaking, a public health emergency like the coronavirus outbreak would trigger a “force majeure” clause, which typically entitles the contractor or subcontractor to a non-compensable time extension. The owner cannot recover liquidated damages and the contractor/subcontractor cannot recover delay damages in the event of late […]