Construction
Inconsistent Forum Selection Language Affected Enforcement
April 28th, 2020
Courts typically enforce forum-selection clauses unless there is a public policy reason not to do so. A New Jersey appellate court has refused to enforce a forum selection clause when the contract terms were ambiguous. The Pike Company contracted wit…
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Categories: Construction
Contractor Can’t Blame Inspector Who Failed to Note Non-Compliant Work
April 13th, 2020
An electrical contractor was supposed to run power cables through conduit, but elected on its own to run about 40% of the power cable with flexible metal-clad (MC) cable, without conduit. For a large portion of the project, Army Corps of Engineers in…
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Categories: Construction
For Want of a Nail – Evidentiary Version
April 6th, 2020
For want of a nail the shoe was lost. For want of a shoe the horse was lost. For want of a horse the rider was lost. For want of a rider the message was lost. For want of a message the battle was lost. For want of a battle the kingdom was lost. And a…
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Categories: Construction
The Cost of 24 Hours: Abandonment Did Not Excuse Failure to Give Proper Termination Notice
February 11th, 2020
Although a sub apparently abandoned a project, breaching its subcontract, the general contractor’s failure to give 48 hours’ termination notice required by the subcontract was also a breach (it had given 24 hours’ notice). The trial court decis…
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Periodic Lien Waiver and Release Barred Subsequent Claim
February 7th, 2020
Monthly lien waivers are a common element of the payment process for a construction project. Often, the lien waiver form includes acknowledgment of payment in full through a date certain, and sometimes the form includes release language. A New York c…
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Categories: Construction
Multi-Building Condominium: When Does Statute of Repose Begin?
January 16th, 2020
The Supreme Court of Minnesota has ruled that the MN statute of repose, for a multi-building condominium project, is determined on a building-by-building basis, and not on completion of the entire project. As noted below, a federal court judge in Mas…
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Falling Tree Limbs and the Government Contractor Defense
January 14th, 2020
A bicycle rider was injured when struck by a falling limb, during tree trimming work in conjunction with a U.S. Army Corps of Engineers drainage project. The bike rider sued the contractor in Louisiana state court, and the contractor removed the case…
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Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
January 9th, 2020
Construction of an apartment building was completed in 2005, under a contract with an arbitration clause. The building was sold in 2015, and the seller assigned its rights under the construction contract to the buyer. In 2018, one or more balconies o…
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Equitable Estoppel by Conduct and Silence Precluded Liquidated Damages
January 3rd, 2020
Retail owner and contractor had completed nine projects in two states. Most projects were completed beyond the original completion date, but no liquidated damages had been assessed. The current dispute concerned construction of five stores in Maine.…
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Categories: Construction
Turning Lien Claim into Criminal Claim?
December 30th, 2019
A New York case that started with a contractor’s lien claim showcases a poor intersection between the legal and political system. But a County Court judge saw through the machinations of a district attorney and dismissed criminal charges that had b…
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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.