Construction

Delegation of Arbitrability to the Arbitrator – May Not Be Enforceable

Some arbitration clauses include a “delegation provision” where the parties grant to the arbitrator – instead of a court – the authority to determine validity and enforceability of the arbitration clause itself. A recent decision by the West… Read More
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Liquidated Damages Liability After Convenience Termination

A contractor and public authority struggled through much of a pump station replacement project. During the work, the town agreed to extend the completion date by five months. Many change orders were presented and agreed to. The extended completion da… Read More
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AGC of America Calls for Transfer of VA Construction Management

AGC of America has issued a white paper calling for transfer of construction management duties currently exercised by the Office of Construction and Facilities Management at the U.S. Dept. of Veterans Affairs. In the paper, AGC notes that it has neve… Read More
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Subcontractors May Have Limited Relief Against Town When Prime Contractor’s Surety Fails

Subcontractors on a public project for the town of Darien, Connecticut found themselves on the short end of the stick when the prime contractor failed to pay (apparently went out of business) and its surety turned out to be bogus. Subcontractor claim… Read More
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Subcontractor Charged For Having Its Own Lien Bonded Off

Based on subcontract language, a Minnesota appeals court has held that the prime contractor could charge its lien bond premium against the sub who filed the lien. Arising from a power generation station project, the prime and a sub pursued breach of… Read More
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Interplay of General Liability and Pollution Liability Coverage

An explosion caused by release of natural gas from a damaged pipe caused personal injury and property damage. Resulting lawsuits against the contractor whose crew damaged the pipe were defended by the contractor’s general liability (GL) carrier, wh… Read More
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No Equitable Adjustment for Contractor with Penny Bid

Believing actual quantities of rock removal would be far less than the engineer’s estimate, the contractor bid a penny per cubic yard of rock removal on a water main extension project. Of course, other bid items could then be inflated and yet the c… Read More
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Contract Disputes Act Deadline for Contracting Officer Decision – Can’t Keep Extending

The government when faced with a complex contractor claim may extend the deadline for the Contracting Officer’s response to a date beyond the original CDA 60-day period. What happens when the CO seeks to extend the deadline a second time? The Court… Read More
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Attacks on Prevailing Wage Laws – Where’s the Tipping Point?

News reports this week cover legislative action in four different states to reduce the scope of prevailing wage laws on public projects. Whatever your opinion on prevailing wage laws – love them, hate them, or somewhere in the middle – the effort… Read More
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Statute of Repose Not Tolled by Builder’s Occupancy of House

Is the New Hampshire eight-year statute of repose tolled (extended) when the original builder occupies a house for four years? The NH Supreme Court has said no. Drouin Builders built the house in 2001 and conveyed it to sole shareholder Michael Droui… Read More
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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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