Construction

The New York lien law, for private projects being built on public land, requires that the project owner furnish “a bond or other form of undertaking guaranteeing prompt payment of moneys due.” Lien Law § 5. In a dispute concerning construction o… Read More

Indemnity. In the panoply of contract terms, no other word strikes as much terror into the hearts of contract administrators, project managers and other business types. This fear is often born of the failure to understand the essential elements and p… Read More

Was one party trying to be cute, or was this simply an error not caught in the drafting process? Two inconsistent terms made it into the final contract, and then became the basis for a post-termination dispute. One term allowed the contractor to reco… Read More

New York amended its payment bond law in 2011 to extend the timetable for filing a claim against a public project payment bond. The former deadline was one year after submitting an invoice for final payment. The amended law requires bond claim lawsui… Read More

A tile finisher needed a short platform to reach the top of installed bathroom tile to inspect the finished work, after toilets had been installed in a Delta Sky Club lounge. He used a “Kwik Bench” raised platform (“Heights adjusts [sic] from 1… Read More

With underlying facts showing less-than-stellar actions on the part of more than one player, the Mississippi Supreme Court has clarified and confirmed the applicable standard for when a design professional should be liable for safety on a constructio… Read More

Whether Jersey City can require developers to enter into project labor agreements as a condition of receiving tax exemptions or abatements is still an open question per the Third Circuit Court of Appeal. The federal appellate court held that the city… Read More

First, I believe the trial court got it mostly right. But the appeals court had the last word. The case serves as a reminder that attorneys’ fee provisions at times do not always serve the greater purpose of balancing the stakes in litigation. Seco… Read More