Stan Martin
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
Arbitration Venue: Where the Parties Agreed, Despite State Law
May 12th, 2015
The contract calls for arbitration in Indiana, applying the laws of Nebraska. But Nebraska has a law prohibiting parties from being compelled to arbitrate outside that state for an in-state project. In a GC/sub dust-up including lawsuits in both stat…
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Delegation of Arbitrability to the Arbitrator – May Not Be Enforceable
May 6th, 2015
Some arbitration clauses include a “delegation provision” where the parties grant to the arbitrator – instead of a court – the authority to determine validity and enforceability of the arbitration clause itself. A recent decision by the West…
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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
Non-Signatory Compels Arbitration by Signatory Party
April 13th, 2015
Occasionally there are cases where one party to an arbitration agreement attempts to compel arbitration with a non-signatory party. The Massachusetts Supreme Judicial Court issued a decision on April 13, 2015, however, supporting the action of a non-…
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Categories: Arbitration
AGC of America Calls for Transfer of VA Construction Management
April 7th, 2015
AGC of America has issued a white paper calling for transfer of construction management duties currently exercised by the Office of Construction and Facilities Management at the U.S. Dept. of Veterans Affairs. In the paper, AGC notes that it has neve…
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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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Subcontractor Charged For Having Its Own Lien Bonded Off
March 24th, 2015
Based on subcontract language, a Minnesota appeals court has held that the prime contractor could charge its lien bond premium against the sub who filed the lien. Arising from a power generation station project, the prime and a sub pursued breach of…
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Interplay of General Liability and Pollution Liability Coverage
March 19th, 2015
An explosion caused by release of natural gas from a damaged pipe caused personal injury and property damage. Resulting lawsuits against the contractor whose crew damaged the pipe were defended by the contractor’s general liability (GL) carrier, wh…
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Arbitration Award Stands Despite Apparent Error of Law
March 12th, 2015
A federal appellate court has reminded the business community that a mistake of law by an arbitration panel will not ordinarily be grounds to overturn the award. The arbitration concerned a terminated financial services consultant, who filed for arbi…
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Categories: Arbitration
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.