Construction Law Briefing

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Showing 1–16 of 66 results

  • Construction Law Quickcase: Andrews v. City of Springfield – RFP process throws city to the dogs

    March / April 2010
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 329

    Abstract: Rather than taking the time to acquire property, design a new building and get public construction bids, Springfield, Mass., decided to issue a request for proposals (RFP) to lease an animal control center built to its specifications. Springfield taxpayers sued, seeking a declaration that the construction arrangement was invalid and violated local construction bidding laws.

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  • Unwritten code: Drainage system is no “extra”

    March / April 2010
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 430

    Abstract: When, after signing a contract for a new building, a doctor found out that local building codes required the construction of a commercial building drainage system, she disputed the additional charge. The court’s finding illustrates that every construction contract calling for code compliance includes, by such reference, all the provisions of the applicable building codes and laws just as if they were written into the contract — whether or not the contractor is aware of them.

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  • The Davis-Bacon Act – Construction workers or coal miners?

    March / April 2010
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 799

    Abstract: The Davis-Bacon Act, which mandates that workers on federal jobs be paid prevailing wages, has given rise to many conflicts over the years. In 2004, West Virginia approved a Davis-Bacon exemption for coal miners spreading mine spoil along a 14-mile roadway and adjacent property intended for commercial development. A labor group brought suit, claiming that the exemption violated federal and state prevailing wage laws. But a federal judge determined that the mere involvement of workers and a construction project doesn’t necessarily mean the law’s protections can be enforced by unions, unless the union can show that the failure to pay prevailing wages caused a direct loss to the union itself.

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  • File the claim – Court examines insurer’s duties under its policy

    March / April 2010
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 973

    Abstract: Insurance is important to any construction project. But contractors are often hesitant to file a claim if their odds of a favorable result appear slim. As one recent case shows, however, the effort to file a claim can pay off no matter what the result. At a minimum, contractors most likely can get their attorneys’ fees and court costs paid by the insurer. This article looks at the details, while a sidebar lists two specific protections a business should receive in exchange for its premiums.

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  • Construction Law Quickcase: LandCoast Insulation v. Patent Construction Systems – When rental agreement becomes construction contract

    January / February 2010
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 399

    Abstract: Despite the fact that some of these rental transactions may run to six or seven figures over the duration of a contract, they may be documented by only a boilerplate one- or two-page “purchase order” or “rental agreement.” But the shortness of the paper and the terse heading don’t necessarily preclude a court from construing such a document as a construction contract.

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  • Misleading milestones – Beware of government contract clauses regarding late changes

    January / February 2010
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 701

    Abstract: Government agencies often attempt to limit contractor claims for cumulative impact damages by inserting interim “substantial completion” milestones into contract terms and associating “liquidated damages” per day for each missed interim milestone. But when an agency attempts to defeat or reduce damages for cumulative effects of late design changes by claiming such liquidated damages, a court may see through the ruse.

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  • Arbitration doesn’t always mean simplification

    January / February 2010
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 536

    Abstract: Arbitration can be a simpler and less expensive method for resolving construction disputes than going to court. Without thoughtful coordination of arbitration provisions in all documents of a project, however, a situation involving arbitration can become every bit as complex as litigation — if not more so. In one instance, the use of a form contract with an arbitration clause, followed by actions on both sides that were inconsistent with the written contract, led to a much more complex dispute resolution process than there would have been absent any arbitration provision.

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  • Who’s watching over your contractor’s license? California case highlights importance of license management in all states

    January / February 2010
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 860

    Abstract: When a couple directed a builder to stop work after he’d failed to provide documents to back up time-and-materials billings, he filed a mechanics’ lien against the property in the name of the company. But it turned out that the company’s owner, having left the country to do missionary work, had let his California general contractor’s license be used by the employee, instead of assigning it to a legally “qualifying individual” before it expired. As a result, the court dismissed the lien claim and reinstated the judgment against the company. A sidebar to this article looks at the legislative history of California’s tough contractor licensing law penalty provisions.

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  • Construction Law Quickcase – Conner Brothers v. Geren – Homeland security trumps delay damages

    November / December 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 302

    Abstract: A construction company that was working on a military base on 9/11 found itself temporarily ordered off the base as a security measure. Later, it sought additional time to complete its work as well as delay damages under the Changes or Suspension of Work clauses in the contract. It was granted the extra time, but not the damages. This article illustrates why.

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  • Putting AIA contract language to the test

    November / December 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 490

    Abstract: American Institute of Architects (AIA) contracts have been put to use in many a job, and their language is well battle-tested in court. But that hasn’t stopped the occasional party from trying its luck against an AIA clause. In this case, a property insurer that wasn’t a party to the construction contract sought to impose a loss on a contractor’s liability insurance company — despite the existence of an AIA subrogation waiver.

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  • Get it in writing … or else! Proving the value of missing warranties can prove difficult

    November / December 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 936

    Abstract: Warranties are common and advisable arrangements for general contractors on construction projects. But one common issue at the conclusion of a project is failure of subcontractors to supply written warranties for their portions of the work. And, unless the general contractor buys the missing warranty from another supplier or trade contractor, it might be difficult to prove how much the missing warranty is worth. This case shows that the general contractor may not be able to recover any damages at all for failure of the trade contractor to supply the missing warranty. A sidebar looks at another issue in this case: apportionment of damages.

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  • Claims settlement – You can’t win if you’re not in the game

    November / December 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 752

    Abstract: Failing to take part in the legal process can leave a party bereft of any potential recourse. In one recent case, a financially strapped subcontractor, being sued for expenses related to poor work, stopped paying its lawyers and failed to participate any further in the case. A settlement had already been paid to the owner by the general contractor — and the subcontractor might normally have been allowed to set this amount off against any recovery against it. But because the subcontractor was in default — and offered no evidence or argument regarding the comparative degree of fault of itself vs. the general contractor — it wasn’t allowed any setoff.

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  • Construction Law Quickcase – Solis v. Summit Contractors – OSHA says subcontractor safety is general contractor’s problem

    September / October 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 333

    Abstract: A contractor protested when OSHA issued it a violation for safety infractions committed by its subcontractor — even though everyone involved agreed that the latter’s violations didn’t present any danger to the general contractor’s supervisors on site. The outcome shows that general contractors must ensure that all subcontractors rigorously follow OSHA requirements.

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  • Talk is cheap: Loan agreements often exclusionary

    September / October 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 615

    Abstract: Many contractors on commercial projects are well aware that bank financing is in place to pay for the construction. Owners and bankers, however, usually take great pains to ensure their loan documents don’t permit an action by an unpaid contractor against the bank. A recent Pennsylvania case illustrates the lengths to which a court will go in excluding a contractor from the benefits under a construction loan agreement. This article drives home the point that contractors should insist on getting full payment on delivery of trailing waivers every month — anything less will likely leave them entirely at the mercy of the developer.

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  • Tell it to the jury – Dustup over soil conditions puts case in dubious hands

    September / October 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 579

    Abstract: In a case involving a building that was damaged due to shifting ground, the judge denied all defense motions and permitted the case to be argued to the jury on the theories of negligent design, negligent construction and breach of contract against all of the defendants. The lesson? If parties to a construction contract can’t resolve their differences via negotiation or arbitration, those differences may be decided by lay jurors who may have no background in construction.

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  • Is construction management the same as general contracting?

    September / October 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 956

    Abstract: California courts are notorious for refusing to let unlicensed general contractors collect payments due them — even in cases where the license had lapsed only for a few days during a lengthy project. But one case shows that a court may draw a distinction between construction management and general contracting. At the heart of this case is whether an entity which provides construction management services to a private owner developing commercial real property is required to be licensed. This article describes the Court of Appeal’s decision and its reasoning, while a sidebar looks at the point of view of the lone dissenting judge.

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