Construction

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

Sloppy Drafting Needlessly Extends Litigation

July 9th, 2020
Posted By
Stanley A. Martin
A crane operator was tragically killed when a beam being hoisted by the crane crashed onto the top of the cab. The beam fell because the sling selected for the load was inadequate. The sling had been selected by workers for the steel erection company… Read More
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Categories: Construction, Indemnity
Tags: Ambiguity, Indemnity, NY Labor Law

Insurance Exclusion Negates Additional Insured Coverage

July 8th, 2020
Posted By
Stanley A. Martin
So you think your additional insured status as a GC provides protection against claims by your sub’s injured workers? Think again. General contractors commonly require subs to include the GC as an additional insured party on the sub’s general lia… Read More
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Categories: Construction, Insurance
Tags: Additional Insured, cross liability exclusion, Indemnity, separation of insureds clause, severability of interests

Owner’s Property Insurer Could Pursue GC and Sub for Repayment

June 2nd, 2020
Posted By
Stanley A. Martin
A waiver of subrogation clause is common in construction contracts, relative to property or builder’s risk insurance. It is not just a risk allocation tool, but an insurance risk allocation tool. When there is no waiver of subrogation, does other l… Read More
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Categories: Construction, Insurance
Tags: CCIP, insured interest, Named Insured, property damage, Waiver of Subrogation
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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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