Construction

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

OSHA COVID-19 Recordable Requirements Now Apply to Construction Sites

May 26th, 2020
Posted By
Stanley A. Martin
Contractors of all types take note. On May 19, 2020, OSHA issued “Revised Enforcement Guidance for Recording Cases of Coronavirus Disease.” The new guidelines apply to any employer with more than 10 employees, and are in effect as of May 26, 2020… Read More
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Categories: Construction
Tags: construction site, coronavirus, COVID-19, general recording criteria, good faith inquiry, OSHA, recordable incident

Inconsistent Forum Selection Language Affected Enforcement

April 28th, 2020
Posted By
Stanley A. Martin
Courts typically enforce forum-selection clauses unless there is a public policy reason not to do so. A New Jersey appellate court has refused to enforce a forum selection clause when the contract terms were ambiguous. The Pike Company contracted wit… Read More
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Categories: Construction
Tags: ambiguous contract terms, Conflicting Contract Terms, forum selection, Incorporation by Reference, Venue

Contractor Can’t Blame Inspector Who Failed to Note Non-Compliant Work

April 13th, 2020
Posted By
Stanley A. Martin
An electrical contractor was supposed to run power cables through conduit, but elected on its own to run about 40% of the power cable with flexible metal-clad (MC) cable, without conduit. For a large portion of the project, Army Corps of Engineers in… Read More
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Categories: Construction
Tags: approval, failure to comply, inspection, non-compliance, review of non-conforming work, sign-off

For Want of a Nail – Evidentiary Version

April 6th, 2020
Posted By
Stanley A. Martin
For want of a nail the shoe was lost. For want of a shoe the horse was lost. For want of a horse the rider was lost. For want of a rider the message was lost. For want of a message the battle was lost. For want of a battle the kingdom was lost. And a… Read More
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Categories: Construction
Tags: evidence, photographic evidence, proof of claim

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
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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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