Construction
Homeowner’s alleged waiver of building code requirement did not absolve contractor from liability for the same
January 12th, 2016
The contractor installed a membrane roof on top of three existing layers of roofing, claiming that the homeowner orally directed this step and orally directed that the existing roofing not be stripped. The building code prohibits more than two layers…
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Categories: Construction
Contractor liable for completing last phase of contract nine years later, at original price
December 15th, 2015
A paving contractor has been found liable for providing the top coat of paving, when the binder coat was installed nine years earlier. And its liability extends to installing the top coat at the price given nine years before! Factoring into this deci…
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Categories: Construction
Statute of Repose Does Not Bar Fraudulent Concealment Claim
November 7th, 2015
A condo association will be allowed to proceed with a lawsuit against the original developers filed 15 years after completion of the project, and despite a 10-year statute of repose. A divided Illinois Supreme Court has applied a “fraud-based” ex…
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Categories: Construction
Release between Two Parties Also Released Claims against Non-Party
November 4th, 2015
The language and scope of a release between two parties has been held by the South Dakota Supreme Court to encompass potential claims against a third party, releasing those claims as well. So an aggregate producer that released claims against the Sou…
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Categories: Construction
Owner’s Claim for Defective Work Not Barred by Prior Arbitration
October 26th, 2015
A contractor who successfully pursued payment in arbitration objected when the public authority owner subsequently filed a lawsuit claiming defective work. The contractor argued that the lawsuit was barred by doctrines of res judicata or collateral e…
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When Is A Shovel Better Than A Jackhammer? Dig Safe Violation = Problem
October 19th, 2015
At times the subject of contractor jokes, Dig Safe laws and regulations are not to be trifled with; a Massachusetts contractor learned this lesson the hard way. Although the contractor notified Dig Safe ahead of time, and the gas utility marked some…
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CM at Risk – Owner Still Impliedly Warrants Design
October 14th, 2015
A public authority argued that the CM’s obligation to review and comment on the design in process meant that the authority did not impliedly warrant the sufficiency of that design. And thus the CM would have no claim against the authority when a su…
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Insurance Statute of Limitations Upheld Even After Timely Notice
October 7th, 2015
The insured sustains major water damage on December 19, 2009 (an unoccupied house under construction), and learns about the damage on December 28. He gives prompt notice to the carrier. The carrier investigates, and January 14, 2011 – just over a y…
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Apply Common Sense To Indemnity Claim
July 28th, 2015
A mechanical sub’s employee is severely injured during a coffee break when an improperly-fastened section of limestone façade comes loose near where he is sitting. Should the mechanical sub owe a duty of indemnity to the prime contractor? The Mass…
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Right To Challenge Arbitration Award Cannot Be Waived By Contract
July 20th, 2015
A subcontract arbitration clause states that the parties may take steps to confirm an arbitration award, but agree not to challenge any award. A Georgia appellate court has held that the restriction on challenging an award impinges on the Georgia Arb…
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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.