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U.S. Court of Appeals for 9th Circuit Holds Release in Defect Case Does Not...

Turnberry Pavillon Partners, L.P. v. M.J. Dean Construction, Inc.2010 U.S. App. Lexis 9832 (9th Cir. May 13, 2010) Developer built a luxury condominium tower and hired contractor to serve as both the...

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Indiana Court Holds Subcontractor Subject to Prime Contract Claim Notice...

Weigand Construction Co., Inc. v. Stephens Fabrication, Inc.2010 Ind. App. LEXIS 1109 (Ind. Ct. App. June 25, 2010) Ball State University (BSU) contracted with Weigand Construction Co. (“Weigand) to...

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U.S. District Court in Michigan Denies Performance Bond Claim for...

Lasalle Group, Inc. v. JST Properties, LLC 2011 U.S. Dist. LEXIS 83548 (S.D. Mich. July 29, 2011) LaSalle, as general contractor, obtained a contract for construction of a school building in Gulfport,...

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U.S. District Court in Puerto Rico, Applying Connecticut Law, Considers...

Fed. Ins. Co. v. Empresas Sabaer, Inc. 2013 U.S. Dist. LEXIS 112930 (D.P.R. Aug. 9, 2013) This action arose out of a surety’s claim for expenses incurred for correcting a subcontractor’s defective...

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Federal Court in Hawaii Holds that an Unlicensed Subcontractor May Pursue...

U.S. Pipelining LLC v. Johnson Controls, Inc., No. 16-00132 HG-RLP, 2016 U.S. Dist. LEXIS 150767 (D. Haw. Oct. 31, 2016) This action arose out of the renovation of a condominium complex on Maui...

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The Buckeye State Bucks Recent Trend: Ohio Supreme Court Holds That Property...

Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (Oct. 9, 2018) This post was published in the National Association of Credit Management eNews on December 20, 2018. This case arose out of...

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Federal Court in Maryland Holds Subcontractor Waived Right to Bring Labor...

Hagen Constr. Inc. v. Whiting-Turner Contracting Co., No. JKB-18-1201, 2019 BL 36862 (D. Md. Feb. 04, 2019) This case arises out of the construction of a pediatric outpatient center in southern New...

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Utah Federal Court Dismisses Claim for Attorney Fees Finding That Neither the...

R&O Constr. Co. v. MBA Gen. Contracting, LLC, No. 1:18-cv-00042, 2019 BL 98680 (D. Utah Mar. 21, 2019) On March 21, 2019, a Utah federal court granted Defendants MBA General Contracting, LLC and...

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Alaska’s Supreme Court Holds That Executing a Settlement Agreement Releases...

SMJ Gen. Constr., Inc. v. Jet Commer. Constr., LLC, No. S-16785/16985, 2019 BL 131640 (Alaska Apr. 12, 2019) In 2016, Jet Commercial Construction, LLC (“Jet”) entered into a subcontract with SMJ...

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Colorado Court of Appeals Finds Contractor Satisfied Conditions Precedent...

Whiting-Turner Contracting Co. v Guar. Co. of N. Am. USA, 2019 BL 97923 (Colo. App. Mar. 21, 2019). This construction dispute involved rights and obligations under a performance bond supplied for an...

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