Blog
Mechanic’s Lien Amount Shall Not Include Attorneys’ Fees
February 4th, 2015
The Utah Supreme Court has held that a mechanic’s lien does not include attorneys’ fees incurred by a contractor even when the lien statute allows recovery of reasonable legal fees. The court distinguished between the right to recover attorneys…
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Categories: Construction
Defense to Government Position is Not a Claim Subject to Contract Disputes Act
January 29th, 2015
The government claims a contractor’s work is defective. The contractor says in defense that problems are due to design deficiencies and not construction errors. Is the contractor’s position a “claim” subject to the Contract Disputes Act (CDA)…
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Insurance Coverage for Damaged NYC Tower Crane
January 26th, 2015
Readers will recall photos of a tower crane damaged by Hurricane Sandy. Construction of the NYC high-rise building known as One57 was underway when the crane was lashed by hurricane-force winds. The crane jib was apparently blown backwards, and ended…
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Lessons On an Offer of Judgment
January 22nd, 2015
Court rules in most states allow one party to make an “offer of judgment” any time prior to trial, allowing judgment to enter against it for a specified sum. The case ends if the offer is accepted. If not accepted, and the other party fails to do…
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Categories: Construction
Parsing the GL Exclusion of Coverage for “Your Work”
January 14th, 2015
Another state has joined the group of states that parse a common GL exclusion to allow coverage to remedy non-defective work damaged by defective work. The Supreme Court of New Hampshire just issued its decision, in the case of Cogswell Farm Condomin…
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P3 – Not Just for Roads, Tunnels and Bridges
January 9th, 2015
Much of the ink on P3 projects concerns horizontal construction. Meanwhile, vertical P3 projects move ahead. Last month’s announcement by the City of Indianapolis provides an example. The mayor (city council approval is still required; a related pr…
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Baseball Spectator Strikes Out Against Architect
January 5th, 2015
A spectator hit by a foul ball during a Mets game decided to sue for damages, and his suit included the architects of Citi Field as defendants. He was sitting inside a luxury box, with the window open, when hit by the errant ball. (Unfortunately for…
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Categories: Construction
About Stan Martin
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.