Alleging shoddy workmanship, fear that its contractor wouldn’t finish the project, and a lack of detailed accounting under the cost-plus contract, the owner made only a partial payment on a draw requested by the contractor. Contractor and its subcontractors filed...
A prime contractor failed to timely submit subcontractor change orders to the project owner, thereby depriving subcontractor of compensation for additional work. This constituted a bad faith breach of the prime contractor’s duty to the subcontractor. This entitled the...
Where an insurance broker marketed and sold a self-insured workers compensation program for contractors (the Contractors Access Program of California (CAP)) that subsequently became financially insolvent and failed, leaving the contractors exposed to considerable...
On a home building project in excess of $5 million, the homeowner contracted with a construction manager to oversee the project for a $375,000 fixed fee for a specified scope of services that included preparing a budget, soliciting bids for major contracts,...
By: Michael S. Zetlin, Esq. Zetlin & De Chiara, LLP In a decision that could have far-reaching implications for design professionals, a court in California recently concluded that a fiduciary relationship existed between an architect and an owner. As a result of...
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