April 2013

This case  will likely be dissected at Tred's Insurance Law Blog, but wanted to mention it quickly this a.m.

In Ass'n of Apt. Owners of Imperial Plaza v. Fireman's Fund Ins. Co.,  Civ. No. 11-00758 ACK-KSC , LEXIS 50904, April 9, 2013, senior district court judge Alan Kay ruled on a summary judgment motion

The Miller Act and most of the state bond statutes mirroring the Miller Act, impose a one year statute of limitations to file a bond claim from the last date labor or materials were supplied to a project.  (There are other requirements, such as providing notice to the contractor and surety within 90 days after

While in Hawaii it seems most insolvent subcontractors or small general contractors seem to simply disappear rather than declare bankruptcy, construction related bankruptcy cases are still helpful, since (1) insolvent parties in construction projects still do crop up; and (2) the procedural machinations of bankruptcy are unfamiliar to many construction lawyers.

Case in point:  bankruptcy laws treat