Construction

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 sectors o… Read More

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 Cali… Read More

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

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 b… Read More

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

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

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

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 an… Read More