Companies in the construction industry face the risk of disputes every day, and defending those disputes means incurring attorneys’ fees. While companies sometimes pay those attorneys’ fees out of pocket, they may be able to trigger insurance coverage — either their own policy or that of another party on the project — to fund their
In Tri-State Insur. Co. of Minn. a/s/o Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc., the Court of Appeals of Tennessee recently addressed whether the state’s four-year statute of repose could shield a contractor from liability in 2020 where the initial construction project was completed in 1992. The court found that the trial
The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury.
JohnsonKreis Construction Company, Inc. subcontracted with Howard Painting, Inc. to perform work on a hotel project in Birmingham, Alabama. The subcontract included an indemnification
Retainage can be tricky in Alabama, particularly on public projects. In this post, we address retainage on public projects for public owners in the state (e.g., a governmental board, commission, agency, body, authority, instrumentality, or department).
A public owner in Alabama may withhold up to 5% retainage from the prime contractor for up to 50%
In Alabama, a lien claimant must file a lawsuit to enforce its mechanic’s lien within six months of the maturation of the entire indebtedness in the Alabama state circuit court in the county where the subject property is located (Ala. Code §§ 35-11-220, -221, -222). But as an out-of-state owner or contractor, what if you
Any time a contractor receives a notice to cure, it should tread carefully and review its contract to determine its response. Recently, the Georgia Court of Appeals evaluated a case in which the general contractor terminated the subcontractor’s contract for failure to provide adequate labor to the project. The court determined that the general contractor