Construction Law Briefing
Showing 17–32 of 66 results
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Construction Law Quickcase – Roofers Edge v. Standard Building – Existential defense costs general contractor dearly
July / August 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 275
Abstract: As lines of credit tighten, parties who find themselves unable to fulfill their payment responsibilities may turn to desperate, sometimes even bizarre, measures to escape their obligations. One company that tried to deny that it had even contracted with the plaintiff ended up paying more than twice what the work would have cost in the first place.
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Failure to negotiate dooms damage limitation clause
July / August 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 502
Abstract: In boilerplate professional service contracts, architects and engineers insert clauses limiting their liability for professional errors and omissions to the amount of their fees under the contract. But the ability to enforce these provisions when a professional error or omission causes losses substantially exceeding that professional fee varies from state to state. A recent California case, Greenwood v. Murphy, illustrates one sticking point regarding this matter — a failure to negotiate.
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Fill in the blank: The dangers of preprinted legal docs
July / August 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 478
Abstract: Reliance on preprinted legal forms without consulting a knowledgeable construction lawyer can prove costly, as illustrated by the recent Kansas case Buchanan v. Overley.
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Prove it or lose it – Surety required to substantiate bond losses
July / August 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 653
Abstract: When the owners of a failed contracting business have financial means other than the assets of the contractor, bonding companies may pursue collection. Such was the case in Centennial Insurance v. Horizon Contracting. The lesson: It’s important for all parties involved in construction projects to maintain organized files of documents such as invoices and canceled checks.
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There must be a gang – Civil RICO convictions are no slam dunk
July / August 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 965
Abstract: Many construction fraud victims are tempted to bring claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), which can offer triple damages. But courts are indicating that those who pursue such a claim must meet certain criteria. The case of Wickes Furniture v. Carpman illustrates one decisive factor in particular: whether an organized gang is involved in the crime.
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CLB Quickcase – St. Joseph’s Condominium Assn. v. Pacific Insurance – Condo water damage may give contractors a sinking feeling
May / June 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 321
Abstract: This brief article covers a recent Louisiana case that could mean bad news for contractors looking to avoid being named in water penetration litigation.
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Surveyor says: You get back only what you paid
May / June 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 525
Abstract: A surveyor’s job is typically completed very early in a project’s existence — so much so that these firms are often an afterthought in the construction process. This article looks at a case that demonstrates that a surveyor’s contract can be just as binding as that of any other party to a job.
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Bundled military contracts threaten to squeeze out small builders
May / June 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 528
Abstract: Few relationships depict the David vs. Goliath concept better than that between small builders and the U.S. military. Although David has had his share of victories on the often tumultuous jobs offered up by the Army, Navy and others, an ominous plot twist regarding the use of bundled contracts arose in one recent case.
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Doth the contractor protest too soon? Public construction bid dispute sparks question of legal timing
May / June 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 917
Abstract: Pennsylvania’s “Separations Act” requires the preparation of separate specifications, and the taking of separate bids, for plumbing, heating, ventilation and electrical work on any public building costing more than $4,000. If a project is released for bidding without the required separation of trades, the act is enforced by allowing excluded trade contractors to submit bid protests. This article addresses a case in which the timing of just such a bid protest was at the heart of the matter.
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The Clean Air Act – Watch your permit or lose your project
May / June 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 644
Abstract: The federal Clean Air Act applies strict requirements to the permitting and construction of all coal-fired electric plants. Recently, an Illinois power company tested the flexibility of the act when challenged by a special interest group. This article discusses the resulting legal case, which holds important lessons for owners and contractors alike.
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CLB Quickcase – Loewe v. Seagate Homes – Building code trumps exculpatory clause in homeowner injury
March / April 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 345
Abstract: This brief article describes a case that pitted an injured homeowner (and her spouse) against the homebuilder who constructed their residence.
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Keep your license current — or pay the price
March / April 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 529
Abstract: When the state or city sends a contractor a letter about renewing or updating his or her contractor’s license, there are pronounced legal dangers to letting it sit on a desk. This article examines a case in which a California contractor learned this lesson the hard way.
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How do you spell “complete”?
March / April 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 523
Abstract: One of the perpetual problems in writing clear construction contracts is defining the point at which contracted work is complete and final payment is due. Even when the contract is for moving completed homes from one location to another, sloppy draftsmanship can complicate what, theoretically at least, should be a relatively obvious legal outcome. This article looks at a Michigan case that illustrates this dilemma.
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Faking a college degree can prove costly
March / April 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 639
Abstract: More and more government bodies and private developers are requiring contractors submitting bids to provide résumés for the key managers who will be assigned to the job. This article discusses a recent New Jersey case that illustrates why these submittals must be reviewed for accuracy every bit as carefully as the final pricing information accompanying the bid itself.
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The long slow road to court – Innovative “warranty” leads to IRS dispute
March / April 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 929
Abstract: For contractors, tax accounting for project revenue presents many challenges. This is especially true where extended warranty periods may require a contractor to spend money on a project years after payment for that job was received. This article looks at a recent New Mexico case in which government efforts to initiate a new era of controlling the long-term costs of public infrastructure construction could have imposed unwarranted tax burdens on the contractor involved.
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CLB Quickcase – Bannaoun Engineers v. Mackone Development – Stop notice costs contractor in the long run
January / February 2009
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 361
Abstract: Subcontractors with claims for extras on public works jobs sometimes seek to increase their leverage in settlement negotiations by asserting liens on project funds for inflated amounts. Their hope is that the general contractor will have to negotiate their claims quickly in order to get the government to continue making progress payments on the project. But, as a recent California case demonstrates, such tactics often backfire.