Venue clauses requiring lawsuits to be brought in a particular locale are common, and routinely enforced. From a federal court in Western Pennsylvania, though, comes a reminder that analysis of venue (when not governed by a contract clause) can favor…
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A payment bond surety whose principal may be insolvent is caught in a difficult spot. But a Connecticut court decision dealt a major blow to a surety who tried to rely on a series of special defenses, none of which stood up to the facts that material…
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A Maryland federal court judge has reminded a payment bond surety that it cannot compel arbitration with the subcontractor making a claim under the bond.
Baltimore Steel Erectors filed suit against Hanover, the payment bond surety for ARGO Systems on…
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A contractor recorded a lien notice, using a letter of intent as the “written contract” supporting the lien. The owner moved for summary dismissal of the lien, arguing that the LOI was nothing more than an agreement to negotiate a contract, and n…
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The New York prompt pay act (PPA) calls for expedited arbitration. A federal court has confirmed that the parties must proceed to arbitration under the PPA even when their contract does not call for arbitration. The federal court, referring to the NY…
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A New Jersey appellate court, analyzing the claim of an injured sub employee against the general contractor, notes that the pertinent factor is “foreseeability of the risk of injury, both its nature and severity.” In that instance, the court foun…
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From the Massachusetts Appeals Court comes a reminder that a contract scope of services may serve to control or limit the scope of tort liability.
New homeowners sued the contractor and designer, hired by the former homeowner for a replacement septic…
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From the 2nd Circuit Court of Appeal comes a reminder that undertaking defense of a claim without any reservation of rights can bar an insurer from disclaiming coverage nine months later – even if the claim was not within the policy language from t…
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Yes. The Massachusetts high court, with an opportunity to address construction contract performance standards, has held that the contractor must provide “complete and strict performance” with respect to design and construction matters, but that…
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A sharply divided Supreme Judicial Court has held that claims by a homeowner against a contractor, under the state home improvement contractor law, are subject to the statute of repose. Thus, when improper work done in 2001 was not discovered until…
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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.
