Real Estate Litigation

Don’t Be Lazy with Your Tenders

By Rick Erickson Our clients probably spend significant time, money and effort refining and updating their contract provisions covering indemnification and the duty to defend claims arising on their projects. But they should also consider spending an appropriate and adequate amount of time, money and effort when sending notices, or “tenders,” to enforce those critical […]

October 13, 2022 | 4 min read | Tagged: construction contracts, construction defect litigation, construction law, construction litigation, contracts, duty to defend, duty to indemnify, indemnification, indemnity, insurance coverage, legal notice, liability insurance, notice of claims, real estate development, residential construction, residential real estate development, tender of defense, tender of defense and indemnity

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Rick Erickson Partner

When Is A Project Delay Material and Actionable?

By Rick Erickson Welcome to 2022!  This year, the construction industry will undoubtedly reflect on the last two years as unprecedented times plagued by construction project delays.  The COVID-19 pandemic contributed to suspension of work and closure of construction projects worldwide in 2020.  The end of 2021 brought additional delays caused by an inexplicable clog […]

January 2, 2022 | 5 min read | Tagged: #COVID, breach of contract, construction, construction bonds, construction defect litigation, construction law, construction lending, construction litigation, construction management, contractor, Covid-19, damages, design team, owner, project manager, real estate litigation, residential construction, subcontractor

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Rick Erickson Partner

When Does a Contractor Legally Abandon a Construction Project?

By Rick Erickson Lately, we’ve been spending more time as litigators pursuing and defending claims of abandonment against contractors. It has become apparent that abandonment is often misinterpreted in its legal meaning and effect.  Here are some thoughts on abandonment to consider. On its face, the concept of abandonment is simple enough. For any number […]

January 15, 2018 | 2 min read | Tagged: abandon, abandonment, breach, breach of contract, claims, construction, construction litigation, contract, contractor, developer, legal excuse, licensing, owner, Registrar of Contractors, subcontractor

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Rick Erickson Partner

Tips on Pursuing and Defending Complaints against Contractors

By Rick Erickson firm bio The often staggering cost of litigation has prompted an equally staggering amount of regulatory complaints against contractors in recent years. Why? Because filing a complaint against a contractor may not cost a complainant anything but time. And any litigation expenses are mostly borne by the contractor/respondent, who is anxious to defend and protect […]

January 18, 2016 | 3 min read | Tagged: building code, construction, construction bonds, construction litigation, contractor administration, Registrar of Contractors, regulation of contractors, regulatory complaints, surety liability, workmanship

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Rick Erickson Partner