Construction
When Choice of Law Made a Difference
August 22nd, 2016
Choice of law clauses are not usually the subject of intense negotiation, in part as there is substantial consistency among the laws of the various states. But not always, as parties on a New Jersey project learned. A difference in the New Jersey and…
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Dispelling Myths about Insurance Coverage of Defective Construction
August 11th, 2016
Lawsuits over defective construction often result in one or more parties attempting to invoke insurance coverage, at least to cover defense costs if not to cover the underlying claims. Some fifty years after courts began parsing the extent of insuran…
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Surety’s Indemnity Rights Eliminated by Subsequent Arbitration Agreement
August 5th, 2016
Most readers are familiar with the concept that performance bond sureties expect to recoup, from their principals, every dollar of cost incurred in responding to demands on the bond. And most readers are aware that the typical general indemnity agree…
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Contractor who Funded CCIP has “Principal Employer” Immunity from Injured Subcontractor Worker Claims
August 2nd, 2016
The Connecticut Supreme Court has held that workers’ compensation immunity from injured worker tort claims extends to the contractor that funded a project Contractor Controlled Insurance Program, or CCIP. The claims arose from an explosion at the K…
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Bad Faith Violation of Procurement Code Does Not Require Sanctions
July 20th, 2016
The Pennsylvania Supreme Court has held, over a sharp dissent, that a public authority’s bad faith violation of the PA Procurement Code payment sections does not require imposition of sanctions or attorneys’ fees. The decision focused on use of t…
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No End Run on Contract Claims Allowed against Remote Party
July 6th, 2016
One would think the message has penetrated by now, to subcontractors and vendors. But a New York court has had to address this issue once again, and has confirmed the legal principle: if party A has a contract with party B, party A won’t be allowed…
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Categories: Construction
Timely and Untimely Notice of Claims – What’s the Difference?
June 30th, 2016
New York passed a law on June 18, 2016, affecting the right of a public authority to bar a claim due to untimely notice. Richard Dyer of Duane Morris has written a summary. The law appears intended to address the situation where contractors have lost…
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Novel Damage Theory, for Loss of Use Claim, Fails
June 27th, 2016
A developer marketed condominiums for sale. Several units were damaged by a burst water pipe, but the repaired units were eventually sold for the original price. (Insurance covered the cost of repair.) The developer then sued some of the parties invo…
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When Does the Sub’s Bid Become Binding? Yet Again.
June 19th, 2016
Once again, the courts have been called upon to decide whether a GC and sub had a binding commitment – or not – after a failed negotiation while a project was underway. This time it was a curtain wall sub for an 18-story office building in Milwau…
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Categories: Construction
Damage from Defective Construction Was an “Occurrence” Leading to Insurance Coverage
June 15th, 2016
The Iowa Supreme Court has weighed in on the issue of whether damage arising from defective construction work can be an “occurrence” triggering insurance coverage. It appears that the damages awarded after a jury trial included both remedial work…
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About Stan Martin
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.