CLB

Showing 33–48 of 66 results

  • Neighbor helping neighbor leads to AIA contract dispute

    January / February 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 492

    Abstract: Many great communities have been built on the concept of neighbors helping neighbors. But when a construction project enters the picture, it doesn’t take much for things to go awry. A recent Connecticut decision provides a case in point.

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  • Yesterday’s promises – Doctrine of merger can create pitfalls for the unwary

    January / February 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 609

    Abstract: In the course of developing real estate, transactions often consist of a combination of real estate contract documents and construction contract documents. Not surprisingly, such a plethora of paperwork can lead to confusion, assumptions and misperceptions — particularly when a legal dispute develops. So went a recent Georgia case.

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  • Policy limits: Even owners can’t insure against faulty work

    January / February 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 505

    Abstract: Generally, a contractor can’t buy insurance covering losses caused by its own faulty work. The same principle applies to building owners — if damage to a building results from faulty construction work, the owner’s property insurance likely won’t cover the loss. A recent Nebraska case provides an example.

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  • Say what? Subcontractor’s lawsuit turns on verbal change orders

    January / February 2009
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 919

    Abstract: Verbal change orders are commonplace on many construction projects and courts will enforce them — even in the face of a “written changes only” clause in the contract. But when one party tries to abuse the law’s tolerance for verbal approval of changes, a court may strictly enforce the “written changes only” provision. Such was the circumstance in a recent Michigan case.

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  • CLB Quickcase – LeClear v. Fulton Court decision turns on disregarded deed restrictions

    November / December 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 309

    Abstract: This issue’s “CLB Quickcase” gives readers a pithy snapshot of a case in which deed restrictions played a key role in a dispute between property owners and a resident on that property who wanted a new driveway — at the cost of a couple of spruce trees.

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  • Act as if you have a contract, and you shall have one

    November / December 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 489

    Abstract: In construction disputes, courts tend to disfavor litigants who have proceeded with a project, providing labor and materials and receiving payment as though a contract had been signed, and then come into court and argue that some technicality in the paperwork means there was no contract covering their participation. This article discusses a case involving just such a situation that arose recently in Washington, D.C.

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  • Renovations gone wrong can lead to costly litigation

    November / December 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 546

    Abstract: No construction project is a sure thing. But renovation jobs bring distinctive challenges in that existing components or conditions of the structure may prevent the project from proceeding exactly as planned. And when those challenges turn to legal disputes, the ramifications can be unexpected — and costly. This article examines a case that shows just how costly.

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  • Economic loss doctrine often provides imperfect protection

    November / December 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 719

    Abstract: Initially heralded as a way to simplify and clarify construction dispute resolution, the economic loss doctrine now has courts struggling to find ways to keep parties in lawsuits despite the doctrine’s apparent applicability to release them from the proceedings. This article explores a recent example of this trend.

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  • Do-it-yourself legal troubles – Homeowners’ project involvement affects outcome of case

    November / December 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 945

    Abstract: When homeowners stake out a role in a remodeling project, much legal confusion can ensue if the job goes awry. This article looks at a case in which just such a circumstance occurred.

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  • Argonaut Great Central Insurance Company v. Ditocco Konstruction, Inc. – Subrogation waiver extends to postconstruction losses

    September / October 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 343

    Abstract: In this issue’s CLB Quickcase, we look at a timely New Jersey case that decided whether the waiver of a subrogation clause contained in the standard AIA construction contract extended to losses that occurred after the project in question was completed.

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  • Court confronts statutory notice requirement in homebuilding dispute

    September / October 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 481

    Abstract: When a homebuilder is accused of substandard workmanship, courts must often determine whether the owner provided adequate notice of the project’s shortcomings and whether the builder had actual knowledge of the alleged defects. This article discusses a recent Louisiana case that addressed these questions head on.

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  • Tanks but no tanks: Neglected permit fuels lawsuit

    September / October 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 556

    Abstract: Most contractors would know that skirting permit requirements on a construction project would place them at considerable legal risk. Nonetheless, the temptation to cut corners in the name of timeliness and profitability can be strong. This article looks at a recent California case that illustrates the consequences of this precarious move.

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  • Actions speak louder than words – When contracts are ambiguous, courts look to conduct

    September / October 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 640

    Abstract: In the event of a construction dispute, a written contract is usually the best evidence of the parties’ intent. But, if a contract’s terms are ambiguous or contradictory, courts place a great deal of weight on the parties’ interpretation, as reflected by their statements and conduct. This article looks at just such a case.

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  • Considering some government work? Additional rules may apply

    September / October 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 922

    Abstract: When litigation involves a federal construction project, the usual rules don’t always apply. Suing the U.S. government requires a plaintiff to jump through some additional hoops. This article looks at one Idaho contractor who learned this lesson the hard way.

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  • Underwriters Group v. Clear Creek Independent School District – Phony performance bond costs contractor plenty

    July / August 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 404

    Abstract: In this issue’s CLB Quickcase, we look at a recent Texas case in which a contractor’s attempt to save a few thousand dollars in bond premiums ended up costing it much, much more.

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  • “Little” subcontracts can turn into big problems

    July / August 2008
    Newsletter: Construction Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 486

    Abstract: Sometimes a company with a comparatively small portion of work on a project can have an inordinately negative impact on job progress. When this situation arises, the language of subcontract provisions will often determine the general contractor’s ability to mitigate the losses caused by the subcontractor’s performance problems. This article looks at a recent Maryland case involving precisely this issue.

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