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A journey through masonry reclad litigation

BD+C

The original contract documents for construction, design, and construction administration provided contractual notice requirements, forum requirements whether trial or arbitration, choice of law which is this case was Texas law, applicable standards of care for the general contractor and architect, and insurance policy coverage amounts.

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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

It is often said that a payment bond surety may assert all of the contractual defenses to payment enjoyed by its principal. 2d 404 (1990), construing Florida law, held that general contractor’s “pay-if-paid” defense was not available to a surety. I promised elaboration on this question in an earlier blog (# 8).

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constructionattorneyblog: Sole Proximate Cause Defense Reaffirmed

Construction Lawyer

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. All references to "Sabo & Zahn" refer to Sabo & Zahn LLC. Sole Proximate Cause Defense Reaffirmed. Copyright Notice. Disclaimer. Categories.

Defense 40
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The Green Roofs of Sea Ranch

Natural Building

In the 1960’s the living roofs at The Sea Ranch were collectively referred to as “sod roofs,” originally planted with native grasses. Also, fire danger is on the minds of insurance companies that have been increasing insurance rates because of fire risk, or in many cases, canceling policies all together.

Green 52
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CGL policy -- conflict of interest between builder and insurer

Construction Lawyer

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. All references to "Sabo & Zahn" refer to Sabo & Zahn LLC. CGL policy -- conflict of interest between builder and insurer. Copyright Notice.

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International Arbitration Experts Discuss The Impact On The Global Economy

Constructlaw

Reynolds: The COVID-19 pandemic’s impact on the global economy has led to an increase in breach of contract claims, and a parallel rise in novel breach of con­tract defenses focused on excuses for non-performance. In those clauses, the overall success of COVID-19-based force majeure defenses is still unknown.

Claims 40
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constructionattorneyblog: Fiduciary Duty by Design Professionals?

Construction Lawyer

The cases with which he has been involved are varied and wide-ranging and include personal injury, breach of contract, criminal defense, commercial disputes, and consumer fraud. All references to "Sabo & Zahn" refer to Sabo & Zahn LLC. As the white paper points out, the best defense is provided at the contract stage.

Design 40