Colin K. McCarthy

News construction law

Top 10 Clauses to Consider in Contracts

As we emerge from the effects of a global pandemic that has impacted every sector of the business community, one of the lessons learned is a renewed focus on the vital role that contracts play in our business dealings. From…

Colin McCarthyOctober 22, 2020

News legal-terms-laws

Can a Surety be Compelled to Arbitration by an Arbitrator Rather than the Court?

Most sureties are aware depending on the language of the underlying bond, the surety can be compelled to arbitrate when the underlying contract it guarantees contains a valid and enforceable arbitration clause. However, what happens when the claimant seeking arbitration…

Colin McCarthySeptember 15, 2020

construction law services

How to Withdraw a Public Works Bid

Imagine that feeling on bid day: You’ve worked hard to ensure your bid includes everything. You’ve lined-up your subcontractors, secured your bid bond and are awaiting the owner’s opening of bids. But as the bids are opened, you quickly realize…

Colin McCarthyAugust 19, 2020

notable-decisions

Insurance Coverage in a Global Pandemic

In a matter of first impression, on May 22, 2020 the Paris Commercial Court in Paris, France ruled that a group of restaurants claims for revenue loss due to the COVID-19 pandemic were covered under business interruption insurance policies issued…

Colin McCarthyJune 17, 2020

News

Contractors and Sureties Beware – New Force Majeure Clauses in Public Works Contracting are Here

With the progression of COVID-19, public works contractors and their sureties have been focusing on the impacts of the Pandemic, with particular attention to Force Majeure issues. Essentially, the analysis has been tailored to whether the Pandemic would be grounds…

Colin McCarthyMay 20, 2020

News Court Opinions

Industry Alert! Court of Appeals Rules “Pay When Paid” Not a Defense for Payment Bond Surety

In a very important reported case handed down by a California Appeals Court on April 17, 2020, Crosno Construction v. Travelers Casualty and Surety Company, (2020 WL 1899278) the Court held that denying a public works payment bond claim by the surety…

Colin McCarthyApril 19, 2020

Lanak & Hanna Essential Workforce Operations During COVID-19

News legal-terms-laws

Top COVID-19 Issues Facing the Construction Industry

1. Will I be Held Responsible for Liquidated Damages for Delays Associated with Coronavirus? Generally speaking, No. COVID-19 (Coronavirus) is a textbook example of a Force Majeure event. Meaning an unexpected event that could not have been foreseen…

Colin McCarthyMarch 23, 2020

Blockchain Technology and the Construction Industry

legal-terms-laws

Blockchain Technology is Coming to the Construction and Infrastructure Industry

Technology continues to drive the construction industry. From modular building, to drones, to virtual reality/5D, technological advancements are changing the way contractors design and construct buildings. The latest technological development that is beginning to hit the construction site is Blockchain. To…

Colin McCarthyDecember 3, 2019

services

L&H Expertise on Display Nationwide

In recent months, L&H has presented nationwide, including on the following topics:‍ · "Legal Update and Labor Compliance" at the California Construction Institute's 2019 Public Works Update in Santa Ana, California. · "How to Perfect and Enforce Your California Mechanic's…

Colin McCarthyNovember 8, 2019

legal-terms-laws

Important New Employer Laws Go Into Effect Jan. 1

The close of the 2019 legislative year saw a flurry of new laws aimed at employers, including regarding: Independent Contractors Family Accommodations Employer/Employee Sexual Harassment TrainingTo see full article, click HERE. For more on these new legislative enactments, contact Colin…

Colin McCarthyNovember 8, 2019

Colin McCarthy