Construction Law Practice Written By Kevin Hudson, Esq.

Category Archives: Construction Litigation

Avoiding the Pitfalls of Subcontractor Claims – Guest Blogger Brad Parrott

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 the general contractor who would then file a third party action or a separate suit against the Owner. Read More

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 fees and the discussion of recovery outside of the contract, quantum merit.  Read More