Written Contract
The Problem with Weak Payment Bond Defenses
July 26th, 2019
A payment bond surety whose principal may be insolvent is caught in a difficult spot. But a Connecticut court decision dealt a major blow to a surety who tried to rely on a series of special defenses, none of which stood up to the facts that material…
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Categories: Construction
Letter of Intent Precluded Dismissal of Mechanic’s Lien
July 17th, 2019
A contractor recorded a lien notice, using a letter of intent as the “written contract” supporting the lien. The owner moved for summary dismissal of the lien, arguing that the LOI was nothing more than an agreement to negotiate a contract, and n…
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Categories: Construction
Unsigned Contract = No Proper Insurance Coverage
May 18th, 2017
File this one under “Oops.” The unsigned contract meant that the contractual liability exclusion in the subcontractor’s insurance policy would control, since there was no obligation “assumed in a contract or agreement . . . [where the claim]…
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Agreement to Arbitrate May Not Require a Written Contract
April 18th, 2016
From two different courts in two different states on two very different claims come the same concept: an agreement to arbitrate may be binding even without a signed contract. One comes via an unsigned law firm partnership agreement, and the other via…
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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.