Often a general contractor is caught in the middle of a subcontractor claim that is caused by the acts or omissions of the Owner/Designer. In these instances, the general contractor is protected by its conditional payment clause but needs to pursue the legitimate claim of its subcontractor. In a traditional setting, the subcontractor would sue…
Category Archives: Construction Litigation
Construction Law – Bad Faith Expansion
The attached case is a great victory for the general contractor, and it also shows the merits of pursuing even a small claim, if there are grounds to prove bad faith. The highlights include the use of bad faith in the context of the ongoing contract, as opposed to the original contract formation, to award…