Construction

Closing Out An Arbitration Award (How Not To)

Two contractors concluded arbitration proceedings and the panel issued its award in February 2011. Upon request of one party, the panel amended its award to address outstanding liens, in March 2011. The amended award required certain lien waivers to… Read More
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Overbroad Indemnity Is Still Enforceable Within Statutory Limits

Oregon has a law, similar to many other states, prohibiting overbroad indemnities in construction contracts. The Oregon Supreme Court has ruled that the law allows an arguably overbroad indemnity to be enforced within the statutory constraints, rathe… Read More
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Senate Bill Would Transfer VA Project Oversight to Corps

The Hill reports that an amendment to the Senate defense bill would transfer oversight of any U.S. Dept. of Veterans Affairs construction project larger than $100 million to the Army Corps of Engineers. The amendment is reportedly sponsored by the Co… Read More
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State Supreme Court Orders Official To Set Prevailing Wage Rates

The New Mexico Supreme Court has ordered a public official to establish prevailing wage rates in accordance with current collective bargaining agreements. In what appears to have been a show-down among the legislative and executive branches, the cour… Read More
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Criticize the Contractor? An Arbitration Award for Defamation

Hell hath no fury like a homeowner scorned, particularly one with access to sophisticated IT professionals who will establish and optimize a website solely to criticize the contractor. But the cabinetry contractor – whose arbitration award includin… Read More
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Mind The (Procedural) Gap – Third-Party Claims Lost

Owner sued contractor, who filed third-party claims against subs seeking only indemnity from them if the contractor was found liable to the owner. Contractor then moved to dismiss the owner’s claim as barred by the statute of limitations. The court… Read More
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Subcontract Is Enforceable Even Though Too Low To Pay Prevailing Wage Rates

A subcontractor agreed to perform site clearing work for $5,000, and only later learned it was a public project requiring payment of prevailing wages. Instead of paying workers $13 and $14 per hour, the sub would have to pay $36 and $43 for a chainsa… Read More
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A Sobering Reflection on the Dangers of Unsafe Construction

The San Jose Mercury News reports the manslaughter convictions of a construction company owner and project manager, who proceeded with unprotected excavation work in the face of a stop-work order from the local building inspector. According to the ar… Read More
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Liquidated Damages Liability After Convenience Termination

A contractor and public authority struggled through much of a pump station replacement project. During the work, the town agreed to extend the completion date by five months. Many change orders were presented and agreed to. The extended completion da… Read More
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Subcontractors May Have Limited Relief Against Town When Prime Contractor’s Surety Fails

Subcontractors on a public project for the town of Darien, Connecticut found themselves on the short end of the stick when the prime contractor failed to pay (apparently went out of business) and its surety turned out to be bogus. Subcontractor claim… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
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.

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