Blog
State Supreme Court Orders Official To Set Prevailing Wage Rates
June 17th, 2015
The New Mexico Supreme Court has ordered a public official to establish prevailing wage rates in accordance with current collective bargaining agreements. In what appears to have been a show-down among the legislative and executive branches, the cour…
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Categories: Construction
Criticize the Contractor? An Arbitration Award for Defamation
June 10th, 2015
Hell hath no fury like a homeowner scorned, particularly one with access to sophisticated IT professionals who will establish and optimize a website solely to criticize the contractor. But the cabinetry contractor – whose arbitration award includin…
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Mind The (Procedural) Gap – Third-Party Claims Lost
June 3rd, 2015
Owner sued contractor, who filed third-party claims against subs seeking only indemnity from them if the contractor was found liable to the owner. Contractor then moved to dismiss the owner’s claim as barred by the statute of limitations. The court…
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Agreement for Specific Performance Precludes Actual Damages Claim
May 28th, 2015
In settling an environmental contamination claim, the property owner agreed to accept a cash payment and the environmental company agreed to perform remediation work. The settlement documents provided that the owner’s remedy was in specific perform…
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Categories: Construction
Subcontract Is Enforceable Even Though Too Low To Pay Prevailing Wage Rates
May 22nd, 2015
A subcontractor agreed to perform site clearing work for $5,000, and only later learned it was a public project requiring payment of prevailing wages. Instead of paying workers $13 and $14 per hour, the sub would have to pay $36 and $43 for a chainsa…
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Categories: Construction
A Sobering Reflection on the Dangers of Unsafe Construction
May 20th, 2015
The San Jose Mercury News reports the manslaughter convictions of a construction company owner and project manager, who proceeded with unprotected excavation work in the face of a stop-work order from the local building inspector. According to the ar…
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Categories: Construction
Arbitration Venue: Where the Parties Agreed, Despite State Law
May 12th, 2015
The contract calls for arbitration in Indiana, applying the laws of Nebraska. But Nebraska has a law prohibiting parties from being compelled to arbitrate outside that state for an in-state project. In a GC/sub dust-up including lawsuits in both stat…
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Delegation of Arbitrability to the Arbitrator – May Not Be Enforceable
May 6th, 2015
Some arbitration clauses include a “delegation provision” where the parties grant to the arbitrator – instead of a court – the authority to determine validity and enforceability of the arbitration clause itself. A recent decision by the West…
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Liquidated Damages Liability After Convenience Termination
April 20th, 2015
A contractor and public authority struggled through much of a pump station replacement project. During the work, the town agreed to extend the completion date by five months. Many change orders were presented and agreed to. The extended completion da…
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Categories: Construction
Non-Signatory Compels Arbitration by Signatory Party
April 13th, 2015
Occasionally there are cases where one party to an arbitration agreement attempts to compel arbitration with a non-signatory party. The Massachusetts Supreme Judicial Court issued a decision on April 13, 2015, however, supporting the action of a non-…
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Categories: Arbitration
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.