Construction
Statute of Repose on Multi-Building Project Applies to Each Building When Completed
November 3rd, 2020
The Massachusetts Supreme Judicial Court has held that the statute of repose on a multi-building, multi-phase project commences on a building by building basis. Thus, a condominium association filing suit after completion of 28 buildings has been tol…
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Overstated Lien is Void; Contractor Thus Liable to Owner for Damages
October 30th, 2020
The New York lien law, similar to lien laws in some other states, calls for rejection of a lien if it has been “willfully exaggerated.” A New York Appellate Division court has upheld rejection of a contractor’s lien for that reason. Contractor…
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Does the Court or Arbitrator Determine Arbitrability? Once Again . . .
September 15th, 2020
Calling this a “mind-bending” question that is “the queen of all threshold issues,” the Third Circuit Court of Appeal has held that this question is for the courts to decide, “unless the parties have clearly and unmistakably referred those…
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The Illusion of Coverage Under a Builder’s Risk Policy
August 12th, 2020
The policy didn’t exactly say “all damages are covered unless caused by a peril that is excluded” and “all damages are excluded unless caused by a peril that is covered ” But that description isn’t very far off. And a contractor’s actio…
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Separation of Insured Clause Strikes Again to Deny Coverage
July 22nd, 2020
A very recent blog discussed the effect of a separation of insured clause, on the scope of general liability coverage for an additional insured, when a personal injury claim is pursued by an injured worker. A federal court judge has just reached the…
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A Condition Precedent is a Condition Precedent
July 14th, 2020
Owner and contractor modified the A201 General Conditions to state that a decision by the Initial Decision Maker (presumably the architect) is a condition precedent to arbitration. When the contractor pursued arbitration against the owner for $919,85…
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Sloppy Drafting Needlessly Extends Litigation
July 9th, 2020
A crane operator was tragically killed when a beam being hoisted by the crane crashed onto the top of the cab. The beam fell because the sling selected for the load was inadequate. The sling had been selected by workers for the steel erection company…
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Insurance Exclusion Negates Additional Insured Coverage
July 8th, 2020
So you think your additional insured status as a GC provides protection against claims by your sub’s injured workers? Think again. General contractors commonly require subs to include the GC as an additional insured party on the sub’s general lia…
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Owner’s Property Insurer Could Pursue GC and Sub for Repayment
June 2nd, 2020
A waiver of subrogation clause is common in construction contracts, relative to property or builder’s risk insurance. It is not just a risk allocation tool, but an insurance risk allocation tool. When there is no waiver of subrogation, does other l…
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OSHA COVID-19 Recordable Requirements Now Apply to Construction Sites
May 26th, 2020
Contractors of all types take note. On May 19, 2020, OSHA issued “Revised Enforcement Guidance for Recording Cases of Coronavirus Disease.” The new guidelines apply to any employer with more than 10 employees, and are in effect as of May 26, 2020…
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Categories: Construction
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.