Construction

The Cost of 24 Hours: Abandonment Did Not Excuse Failure to Give Proper Termination Notice

February 11th, 2020
Posted By
Stanley A. Martin
Although a sub apparently abandoned a project, breaching its subcontract, the general contractor’s failure to give 48 hours’ termination notice required by the subcontract was also a breach (it had given 24 hours’ notice). The trial court decis… Read More
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Categories: Construction, Uncategorized
Tags: curing default, default notice, Notice, Termination, Termination for Default, time to cure, wrongful termination

Periodic Lien Waiver and Release Barred Subsequent Claim

February 7th, 2020
Posted By
Stanley A. Martin
Monthly lien waivers are a common element of the payment process for a construction project. Often, the lien waiver form includes acknowledgment of payment in full through a date certain, and sometimes the form includes release language. A New York c… Read More
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Categories: Construction
Tags: lien waiver, monthly application for payment, Release, requisition certification, Reservation of Rights

Multi-Building Condominium: When Does Statute of Repose Begin?

January 16th, 2020
Posted By
Stanley A. Martin
The Supreme Court of Minnesota has ruled that the MN statute of repose, for a multi-building condominium project, is determined on a building-by-building basis, and not on completion of the entire project. As noted below, a federal court judge in Mas… Read More
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Categories: Construction
Tags: Condominium Construction, Massachusetts statute of repose, Minnesota statutory warranty, multi-building project, Statute of Repose, statutory warranty

Falling Tree Limbs and the Government Contractor Defense

January 14th, 2020
Posted By
Stanley A. Martin
A bicycle rider was injured when struck by a falling limb, during tree trimming work in conjunction with a U.S. Army Corps of Engineers drainage project. The bike rider sued the contractor in Louisiana state court, and the contractor removed the case… Read More
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Categories: Construction, Public contracts
Tags: Army Corps of Engineers, colorable claim, colorable government action, federal officer removal statute, government contractor defense, government contracts

Agreement to Arbitrate Assignable, but Subject to Statute of Limitations

January 9th, 2020
Posted By
Stanley A. Martin
Construction of an apartment building was completed in 2005, under a contract with an arbitration clause. The building was sold in 2015, and the seller assigned its rights under the construction contract to the buyer. In 2018, one or more balconies o… Read More
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Categories: Arbitration, Construction
Tags: assignability, assignment, fraudulent construction, Statute of Limitations

Equitable Estoppel by Conduct and Silence Precluded Liquidated Damages

January 3rd, 2020
Posted By
Stanley A. Martin
Retail owner and contractor had completed nine projects in two states. Most projects were completed beyond the original completion date, but no liquidated damages had been assessed. The current dispute concerned construction of five stores in Maine.… Read More
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Categories: Construction
Tags: equitable estoppel, LDs, Liquidated Damages, misrepresentation by conduct, misrepresentation by silence, Waiver

Turning Lien Claim into Criminal Claim?

December 30th, 2019
Posted By
Stanley A. Martin
A New York case that started with a contractor’s lien claim showcases a poor intersection between the legal and political system. But a County Court judge saw through the machinations of a district attorney and dismissed criminal charges that had b… Read More
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Categories: Construction
Tags: criminal complaint, falsification of business records, lien claim, NY Lien Law

One-Year Limitations Period Enforceable for Insurance Policy Claims

December 19th, 2019
Posted By
Stanley A. Martin
In what may seem to many as a harsh decision, the New Hampshire Supreme Court has upheld a one-year limitations period in an insurance policy. The insurance carrier and insured homeowners were in contact soon after the loss. The carrier did some inve… Read More
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Categories: Construction, Insurance
Tags: contract limitations period, Equitable Tolling, one-year limitations, Statute of Limitation, Waiver

Duty to Defend Enforceable Even if Duty to Indemnify is Unresolved

December 6th, 2019
Posted By
Stanley A. Martin
A Connecticut court, applying plain language in a subcontract, has held that the sub must defend the general contractor in an injured worker lawsuit, even if the sub’s obligation to indemnify the GC is not yet established. The worker was employed b… Read More
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Categories: Construction, Indemnity, Insurance
Tags: Contract Terms, Duty to Defend, obligation to indemnify

What Triggers the Statute of Repose on Multi-Phase Project?

November 21st, 2019
Posted By
Stanley A. Martin
It’s a controversial decision on a controversial topic, but a federal court judge has held that the statute of repose on a multi-phase project was triggered by the last phase, and not sooner. In Massachusetts, the six-year statute of repose clock s… Read More
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Categories: Construction
Tags: Condominium Construction, Mass. Gen. Laws c. 260 s. 2B, phased construction, Statute of Repose
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About Stan Martin

Stanley A. Martin's Profile Image
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. Over the course of his career, he has served on boards and committees for organizations including the Associated General Contractors of Massachusetts, the Boston Society of Architects, and the Massachusetts Building Congress.

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