CLB
Showing 49–64 of 66 results
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Too late! Untimely homeowner claims often go nowhere
July / August 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 540
Abstract: As many contractors can attest, homebuyers often seek to recover damages for defective work. Yet waiting too long to file a claim could render the effort useless. This article discusses a case in which a group of Wisconsin homeowners discovered the disadvantages of an untimely claim.
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Haste makes waste – Ignoring a construction contract’s fine print can be costly
July / August 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 677
Abstract: Whether putting together a bid or writing up contracts, parties to a construction project sometimes give the paperwork only a cursory review. Focusing primarily on price and scope, they tend to gloss over the rest of the documents, which often have to be assembled in a hurry. This article tells the tale of how an Arizona developer learned the pitfalls of such a practice the hard way.
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“Preprinted” may mean “precarious” – Failure to review key documents leads to payment disputes
July / August 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 900
Abstract: In processing payments on construction projects, owners, architects, general contractors and subcontractors often rely on the language of preprinted forms to support their legal rights and, thus, fail to carefully review those forms. From a legal perspective, this kind of lack of attention to detail can be costly. This article describes a recent Utah case that provides a prime example of just how costly.
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R.R. Gregory v. Labar Enterprises – Forsaken construction schedule leads to substantial losses
May / June 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 357
Abstract: In this issue’s “CLB Quickcase,” we describe how one builder’s failure to abide by the construction schedule set for an elementary school project led to a painful legal lesson.
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Don’t just file that insurance policy — follow it!
May / June 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 487
Abstract: Many contractors make the mistake of buying insurance and immediately filing away their policy papers in the back of a drawer somewhere. Yet failing to pay attention to the ongoing requirements written into a liability insurance policy can mean coverage isn’t there when it’s needed. This article looks at one recent case that saw a builder learn this lesson the hard way.
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Fire and rain: A builders risk policy dispute
May / June 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 469
Abstract: Precisely what a construction-related insurance policy does and does not cover is a common source of contention between contractors and insurers. Sometimes it even leads to litigation. This article discusses just such a case.
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Put in a bind – Recent federal decisions limit copyright protection of architectural plans
May / June 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 965
Abstract: The typical AIA agreement between an architect and an owner includes various protective provisions. Yet recent federal court decisions have put anyone seeking to protect architectural plans from unauthorized use in a serious bind. This article looks at a couple of recent cases that provide prime examples.
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In Katrina’s wake – Historic storm leads to contract termination … and a lawsuit
May / June 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 666
Abstract: Hurricane Katrina was among the most documented disasters in U.S. history. The legal ramifications of that terrible, historic storm have been relatively less acknowledged. This may change as more and more Katrina-related decisions are handed down. This article examines one such case, which addressed a contract termination dispute. Citadel Builders v. Transcontinental Realty, 2007 WL 1805666.
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Liability insurance doesn’t cover everything — but it did cover this
March / April 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 401
Abstract: Generally, a contractor’s liability insurance protects neither contractor nor owner from losses arising from shoddy work. This brief article describes a case that provides a notable exception to this rule of thumb. Travelers Indemnity v. Miller Building, 2007 WL 685230 North Carolina 4th Circuit (2007).
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Separate identities – “Trust fund” conflicts often complicate the bankruptcy process
March / April 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 670
Abstract: Several states have laws on the books stipulating that a general contractor who receives an owner payment must hold the money in trust for the subcontractors and suppliers who provided labor and materials on the project. Under the right (read: wrong) circumstances, however, these superior rights of the “trust fund” beneficiaries can be lost. This article delves into a case involving just such a dilemma. In re R. W. Leet Electric, 2007 WL 2052184 Michigan 6th Circuit (2007).
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Arbitration case turns on two magic words: “Change order”
March / April 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 509
Abstract: Many contractors and subcontractors fail to carefully review arbitration provisions before preparing project estimates. This article looks at a recent case involving the famed West Point military academy that shows just how important arbitration provisions can be. U.S. ex. rel. Mathusek Inc. v. J. Kokolakis Contracting, Inc., 2007 WL 1771561 (S.D.N.Y. 2007).
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Who pays for transportation to and from the job site?
March / April 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 496
Abstract: In order to meet parking obligations in congested or remote areas, contractors may provide parking at a spot distant from the project location and give workers free transportation from the parking lot to the job. Seems simple enough — until litigation arises over when the clock goes on and off for workers riding the company-provided transportation. This article discusses a case arising from this very circumstance. Burnside v. Kiewit Pacific, 2007 WL 1760747 California 9th Circuit (2007).
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A schedule’s a schedule – Abiding by a recovery schedule is key to preserving legal rights
March / April 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 947
Abstract: No matter what’s being built, a schedule’s a schedule. And a court can use a recovery schedule to justify early default termination of even the biggest of contracts. This article looks at a recent case involving household names such as McDonnell Douglas, General Dynamics and, last but not least, the U.S. Navy, that provides ample evidence of this. McDonnell Douglas v. United States, 76 Fed. Cl. 385 (2007).
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Criminal actions: An extreme case of kiting funds
January / February 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 285
Abstract: This brief article notes the criminal dangers of kiting funds — a practice that often violates the terms of any standard construction contract. United States v. Munoz-Franco, 487 F.3d 25 (2007) Puerto Rico 1st Circuit (2007).
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Got insurance paperwork? Don’t let it slide
January / February 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 516
Abstract: Any principal on a construction project probably knows the importance of accurately completing any insurance paperwork involved. But neglecting to follow up with an insurance agent or provider after requesting coverage could create problems as well. This article looks into a recent case that provides a prime example. Adams v. Western States Insurance, 2007 WL 2071548 (D. Ore. 2007).
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Contractors may face new public safety liability
January / February 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 478
Abstract: It’s fairly safe to say that most general contractors know that they must secure their job sites to protect not only those who work there, but also the general public. Yet a recent lawsuit against the Washington, D.C., public transit authority could signal the development of a new kind of legal liability related to public safety. This article explains the details.