Construction

Arbitration Demand Timely Despite Complicated Backdrop

February 21st, 2021
Posted By
Stanley A. Martin
Consider the project vendor situation: August 2010 – project complete August 2011 – warranty expires (but is extended by the vendor for a few more months) Throughout 2012 – continued problems with the equipment July 2013 – parties sign to… Read More
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Categories: Arbitration, Construction
Tags: accrual of cause of action, Arbitration Clause, Md CJP 5-101, Park Plus, petition to compel arbitration, Statute of Limitations

Performance Bond Surety Not Liable if Underlying Contract Was Not Terminated

February 15th, 2021
Posted By
Stanley A. Martin
A modular construction subcontractor provided a performance bond to the prime contractor in the AIA form A312-2010. The GC later claimed that the modular sub failed to properly perform its work, including “that more than 260 windows were leaking an… Read More
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Categories: Construction
Tags: A312-2010, Condition Precedent, conditional obligation, Default, modular subcontract, Performance Bond, Surety Bond, Termination

Statute of Repose Bars Claim for Implied Warranty of Habitability

February 3rd, 2021
Posted By
Stanley A. Martin
The Rhode Island Supreme Court has held that the statute of repose applies to a claim for breach of the implied warranty of habitability. Homeowners bought a house directly from they builder in 1997. In 2012, the homeowners discovered water infiltrat… Read More
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Categories: Construction
Tags: implied warranty of habitability, latent defect, Rhode Island chapter 9-1-29, Statute of Repose

Prompt Pay Law Enforced Against Non-Paying Project Owner

December 11th, 2020
Posted By
Stanley A. Martin
A Massachusetts court has entered summary judgment against a project owner who failed to follow the terms of the prompt payment act. Judgment has been issued in the amount of $4,600,109, for payment shortages or non-payment on seven requisitions. Jud… Read More
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Categories: Construction
Tags: certified as made in good faith, deemed approved, factual and contractual, Mass. Gen. Laws c. 149 section 29E, prompt payment law

Statute of Repose on Multi-Building Project Applies to Each Building When Completed

November 3rd, 2020
Posted By
Stanley A. Martin
The Massachusetts Supreme Judicial Court has held that the statute of repose on a multi-building, multi-phase project commences on a building by building basis. Thus, a condominium association filing suit after completion of 28 buildings has been tol… Read More
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Categories: Construction, Uncategorized
Tags: condominium development, Mass. Gen. Laws c. 260 section 2B, multi-building project, multi-phase project, Statute of Repose

Overstated Lien is Void; Contractor Thus Liable to Owner for Damages

October 30th, 2020
Posted By
Stanley A. Martin
The New York lien law, similar to lien laws in some other states, calls for rejection of a lien if it has been “willfully exaggerated.” A New York Appellate Division court has upheld rejection of a contractor’s lien for that reason. Contractor… Read More
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Categories: Construction
Tags: Mechanic's Lien, NY lien law section 39, NY lien law section 39-a, overstated lien, willfully exaggerated

Does the Court or Arbitrator Determine Arbitrability? Once Again . . .

September 15th, 2020
Posted By
Stanley A. Martin
Calling this a “mind-bending” question that is “the queen of all threshold issues,” the Third Circuit Court of Appeal has held that this question is for the courts to decide, “unless the parties have clearly and unmistakably referred those… Read More
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Categories: Arbitration, Construction
Tags: Arbitrability, Collective Bargaining Agreement, delegation provision, fraud in the execution, fraud in the inducement, single project agreement

The Illusion of Coverage Under a Builder’s Risk Policy

August 12th, 2020
Posted By
Stanley A. Martin
The policy didn’t exactly say “all damages are covered unless caused by a peril that is excluded” and “all damages are excluded unless caused by a peril that is covered ” But that description isn’t very far off. And a contractor’s actio… Read More
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Categories: Construction, Insurance
Tags: Builder's Risk, covered perils, damage to the work, excluded perils, exclusions

Separation of Insured Clause Strikes Again to Deny Coverage

July 22nd, 2020
Posted By
Stanley A. Martin
A very recent blog discussed the effect of a separation of insured clause, on the scope of general liability coverage for an additional insured, when a personal injury claim is pursued by an injured worker. A federal court judge has just reached the… Read More
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Categories: Construction, Insurance
Tags: Additional Insured, cross liability, Endorsement, exclusion from coverage, Named Insured, separation of insured

A Condition Precedent is a Condition Precedent

July 14th, 2020
Posted By
Stanley A. Martin
Owner and contractor modified the A201 General Conditions to state that a decision by the Initial Decision Maker (presumably the architect) is a condition precedent to arbitration. When the contractor pursued arbitration against the owner for $919,85… Read More
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Categories: Arbitration, Construction
Tags: arbitration condition, Condition Precedent, decision of Initial Decision Maker
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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. 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.

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