Construction

Payment Bond Does Not Cover Claim for Lost Work Opportunity

A subcontractor claiming that the general contractor failed to use and pay for a minimum number of workers made a claim against the GC’s payment bond, for the value of the workers not hired. A federal court has held that the Miller Act bond does no… Read More
Read More

Licensing Board Review Is Not Limited by Contracted Scope of Services

A Vermont licensing board refused to adopt a registered engineer’s argument, that his professional services were circumscribed by a contract scope of work, in assessing whether he had “failed to conform to the essential standards of acceptable… Read More
Read More

Inherent Limitations in Some Anti-Indemnity Laws

A majority of states have enacted anti-indemnity laws in various forms, protecting subcontractors (in most states with such laws) and prime contractors (in a lesser number of states) from overbroad indemnity clauses. But some clauses target sector… Read More
Read More

Building Owner or Contractor - Who is Liable for Accident Caused by Inadequate Building Component?

A commercial building does not have sufficient anchors for window washing equipment, and the employee of a window washing contractor tragically falls to his death. Is that situation the building owner’s problem or the contractor’s problem? A C… Read More
Read More

A Promise to Pay Doesn’t Extend Lien Deadlines

Mechanic’s lien rights arise from the laws of each state; there is no common-law right to unilaterally lien someone else’s property. As such, compliance with statutory requirements and deadlines is paramount. Thus, when an owner promised to pay a… Read More
Read More

Bad Facts Make Bad Law – Condo Version

Condo bylaws that restrict the ability of a condo board to sue the developer came in a for a beating by the Massachusetts Supreme Judicial Court. While refusing to prohibit all restrictive bylaws, the Massachusetts high court roundly criticized the… Read More
Read More

The Pay-if-Paid War Continues!

The subcontractor community has waged war against pay-if-paid clauses for many years. But the war is not over, per two recent decisions, one from the Kentucky Supreme Court and one from a Connecticut trial court. The Kentucky Supreme Court held that… Read More
Read More

Realize There's Been a Miscommunication? Don’t Wait to Clear It Up! Or Else . . .

Miscommunication happens. Unresolved miscommunication leads to disputes. More importantly, recognizing a miscommunication and then lying in the weeds will come back to bite you. That is the lesson from a trial court decision in Maine. Homeowners were… Read More
Read More

There Really Is a Limit to the Reach of Injured Worker Claims

It sometimes seems that any serious injured worker claim turns into a lawsuit against all the “usual suspects” other than the worker’s employer. And those other companies must then defend themselves, on occasion from a claim that can’t be sup… Read More
Read More

Terminating a Contract? Dot the i’s and Cross the t’s!

From a Connecticut trial court comes a reminder to follow the contract process when terminating a contract. Failure to do so could constitute a breach by the one issuing the termination letter. A sub and general contractor had many changes, claims… Read More
Read More

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.

Read More About Stan