Construction
Closing Out An Arbitration Award (How Not To)
July 1st, 2015
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…
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Overbroad Indemnity Is Still Enforceable Within Statutory Limits
June 23rd, 2015
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…
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Senate Bill Would Transfer VA Project Oversight to Corps
June 19th, 2015
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…
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State Supreme Court Orders Official To Set Prevailing Wage Rates
June 17th, 2015
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…
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Categories: Construction
Criticize the Contractor? An Arbitration Award for Defamation
June 10th, 2015
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…
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Mind The (Procedural) Gap – Third-Party Claims Lost
June 3rd, 2015
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…
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Subcontract Is Enforceable Even Though Too Low To Pay Prevailing Wage Rates
May 22nd, 2015
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…
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Categories: Construction
A Sobering Reflection on the Dangers of Unsafe Construction
May 20th, 2015
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…
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Categories: Construction
Liquidated Damages Liability After Convenience Termination
April 20th, 2015
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…
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Categories: Construction
Subcontractors May Have Limited Relief Against Town When Prime Contractor’s Surety Fails
April 6th, 2015
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…
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