Construction
When Is A Shovel Better Than A Jackhammer? Dig Safe Violation = Problem
October 19th, 2015
At times the subject of contractor jokes, Dig Safe laws and regulations are not to be trifled with; a Massachusetts contractor learned this lesson the hard way. Although the contractor notified Dig Safe ahead of time, and the gas utility marked some…
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CM at Risk – Owner Still Impliedly Warrants Design
October 14th, 2015
A public authority argued that the CM’s obligation to review and comment on the design in process meant that the authority did not impliedly warrant the sufficiency of that design. And thus the CM would have no claim against the authority when a su…
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Insurance Statute of Limitations Upheld Even After Timely Notice
October 7th, 2015
The insured sustains major water damage on December 19, 2009 (an unoccupied house under construction), and learns about the damage on December 28. He gives prompt notice to the carrier. The carrier investigates, and January 14, 2011 – just over a y…
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Apply Common Sense To Indemnity Claim
July 28th, 2015
A mechanical sub’s employee is severely injured during a coffee break when an improperly-fastened section of limestone façade comes loose near where he is sitting. Should the mechanical sub owe a duty of indemnity to the prime contractor? The Mass…
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Right To Challenge Arbitration Award Cannot Be Waived By Contract
July 20th, 2015
A subcontract arbitration clause states that the parties may take steps to confirm an arbitration award, but agree not to challenge any award. A Georgia appellate court has held that the restriction on challenging an award impinges on the Georgia Arb…
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Closing Out An Arbitration Award (How Not To)
July 1st, 2015
Two contractors concluded arbitration proceedings and the panel issued its award in February 2011. Upon request of one party, the panel amended its award to address outstanding liens, in March 2011. The amended award required certain lien waivers to…
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Overbroad Indemnity Is Still Enforceable Within Statutory Limits
June 23rd, 2015
Oregon has a law, similar to many other states, prohibiting overbroad indemnities in construction contracts. The Oregon Supreme Court has ruled that the law allows an arguably overbroad indemnity to be enforced within the statutory constraints, rathe…
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Senate Bill Would Transfer VA Project Oversight to Corps
June 19th, 2015
The Hill reports that an amendment to the Senate defense bill would transfer oversight of any U.S. Dept. of Veterans Affairs construction project larger than $100 million to the Army Corps of Engineers. The amendment is reportedly sponsored by the Co…
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State Supreme Court Orders Official To Set Prevailing Wage Rates
June 17th, 2015
The New Mexico Supreme Court has ordered a public official to establish prevailing wage rates in accordance with current collective bargaining agreements. In what appears to have been a show-down among the legislative and executive branches, the cour…
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Categories: Construction
Criticize the Contractor? An Arbitration Award for Defamation
June 10th, 2015
Hell hath no fury like a homeowner scorned, particularly one with access to sophisticated IT professionals who will establish and optimize a website solely to criticize the contractor. But the cabinetry contractor – whose arbitration award includin…
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