Construction
Change Orders – Be Clear on Intent
October 2nd, 2017
Just as clarity in contracting is a virtue, clarity with change orders is a must. Witness the dispute in an Ohio case, when the original and incorrect prevailing wage reference was revised via change order. The project was for renovation of housing u…
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Additional Insured Status Can Arise Indirectly by Lease (or other Written Contract)
September 29th, 2017
Decisions in two separate courts have come to the same conclusion: additional insured status can be conferred via (1) a contract – which was a lease, in each of these cases – requiring Party A to be designated as an additional insured on Party B…
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Subcontractor Indemnity Did Not Cover Claim Arising from Contractor Decision
September 11th, 2017
A subcontractor was obligated to provide experienced workers, and the GC had the right to tell the sub to remove anyone without the requisite experience. The sub’s workforce included a woman without any prior experience with the rebar bending machi…
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Computer Technician Was Doing “Construction Work” and Entitled to Prevailing Wages
August 3rd, 2017
A computer technician working onsite and testing HVAC components to ensure proper operation, to verify completion of a project, was performing “construction work” and thus entitled to be paid prevailing wages. So decided the Massachusetts Appeals…
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Scope of Arbitration – Winning the Battle and Losing the War
July 26th, 2017
Be careful what you ask for. A lower-tier sub sued the first-tier sub, claiming payment issues arose in part from racial discrimination. In the face of the first-tier sub’s motion to compel arbitration, the lower tier argued that the claim of race…
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Six-Month Statute of Limitations in Subcontract Was Enforceable
July 1st, 2017
Contracts sometimes include a limitations period for pursuing claims. A New York appellate court has held that a six-month contract limitations period was not unreasonably short, and has dismissed a lawsuit commenced less than nine months after the c…
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Categories: Construction
No Liability from General Control of Site, when Worker is Injured Due to Specific Factors under Subcontractor’s Control
June 29th, 2017
The employee of a lower-tier sub was injured, and sued the general contractor with a claim based on the GC’s general duty of safety on the site. The employee’s claim was based on three specific factors leading to his injury: the rebar pieces he w…
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Categories: Construction
Estoppel and Agency Theories for Non-Signatories to Compel Arbitration
June 16th, 2017
A twisted set of underlying facts did not detract from the core of an appellate court decision: even if one party to a contract with an arbitration clause was not part of a lawsuit, agents and closely-related persons/entities could compel arbitration…
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“Arising Out of” is Not the Functional Equivalent of “Proximately Caused by”
June 9th, 2017
The NY Court of Appeals, construing language of an insurance endorsement, has held that the endorsement terms established a proximate cause standard. In the process, the court reiterated that a proximate cause standard is narrower than the phrase “…
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Surety’s Site Access Limited after Denying Bond Claim
May 24th, 2017
If a performance bond surety denies a claim under the bond, does it still have access to the site to investigate? A federal court judge has determined that there is no automatic right of access under those circumstances, crafting a regimen that allow…
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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.