Author Archives: constructlawph

Connecticut Appellate Court Holds That Owner’s Loss in Arbitration to General Contractor on Claims of Defective Work Operates as Res Judicata to Bar Owner’s Claim Against Subcontractors Who Were Not Parties to the Arbitration

Girolametti v. Michael Horton Assoc., 2017 Conn. App. Lexis 228 (June 6, 2017) A General Contractor brought claims for unpaid added work, via mandatory arbitration, against a building owner who asserted defective work claims in response.  The Owner abandoned the … Continue reading

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Supreme Court of Wyoming Strictly Interprets a Conditional Payment Provision to Trigger Payment Only After GC and All of its Subs Have Been Paid in Full

P&N Invs. v. Frontier Mall Assocs., 2017 Wyo. LEXIS 62 (Wyo. 2017) This payment dispute arose over conditional language in a lease agreement between a mall and a restaurant operator.  P&N Investments (“P&N”) leased space from Frontier Mall Associates, LP … Continue reading

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You Cannot Have it Both Ways: Missouri Appellate Court Holds City Cannot Bring a Complaint for Breach of a Contract and Plead in Response to a Counterclaim That the Same Contract Is Void

City of Dardenne Prairie v. Adams Concrete & Masonry, LLC, No. ED104982, 2017 Mo. App. LEXIS 533 (Mo. Ct. App. May 30, 2017) This case arises out of a construction project in which the City of Dardenne Prairie (the “City”) … Continue reading

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Actual Notice Exception to Pre-Lien Notice Requirement of Nevada Lien Statute Does Not Apply to Architect’s Offsite Work When No Onsite Work Has Been Performed Even Though Owner Knew That Architect Was Performing Work for the Project

Iliescu v. Steppan, No. 68346, 2017 Nev. LEXIS 38, (Nevada Supreme Court, May 25, 2017) Appellants Iliescu entered into a Land Purchase Agreement to sell four unimproved parcels in downtown Reno, Nevada to Consolidated Pacific Development (“CPD”) for development of … Continue reading

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The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides the Doctrine of Nullum Tempus Occurrit Regi

City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017) Between 1960 and 2000, Carlos Tarazon (“Tarazon”) performed work installing and repairing water piping for various contractors and developers in the City of Phoenix, Arizona … Continue reading

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