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20 Jun, 2019

Make Sure to Pass on Subcontractor Claims

2019-06-19T09:18:13-06:00June 20th, 2019|Construction Contractor Advisor, Construction Damages, Liquidating Agreement|

When a contractor receives a delay claim from a subcontractor, it’s important to pass on the claim to the owner or the contractor could be liable for the subcontractor’s entire claim.  A recent decision out of New York underscores the importance of passing subcontractor claims to the owner. In the case Rad and D’Aprile, Inc.v Ariel Construction Corp., the subcontractor, Rad, made a claim for delay damages to the general [...]

31 Jan, 2013

How Does the Economic Loss Doctrine Limit your Construction Damages?

2013-01-31T08:00:28-06:00January 31st, 2013|Construction Damages|

Construction litigation is costly and time consuming. Knowing which damages you can recover before embarking on a lawsuit will help in your assessment of whether to file suit. Factoring into this decision will be the impact of the economic loss doctrine whether it will limit the claims you can pursue. What is the Economic Loss Doctrine? The economic loss doctrine is a judicially created doctrine that sets forth the circumstances [...]