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|Lien Out: Arbitrary Protection for Pre-Construction Consultants|
Aidan Cameron; McCarthy Tétrault LLP;
October 15, 2014, previously published on October 6, 2014Those who claim a builders lien must comply strictly with the requirements of the Builders Lien Act, and owners (or at least their counsel) are frequently on the lookout for liens that can be extinguished for a failure to satisfy such requirements. The recent BC Supreme Court decision in Stanley...
|Contemporaneous Documentation is Not Always a Good Thing|
Michael H. Payne; Cohen Seglias Pallas Greenhall & Furman PC;
October 15, 2014, previously published on October 2, 2014There is no question that documentation is an important part in the resolution of any construction dispute. Particularly contemporaneous documents - documents that are created at the time that events occur. Quality control reports, daily logs, and timely letters all fall into the...
|Court Upholds Rights of Small Business Dredging Contractors|
Michael H. Payne, Robert G. Ruggieri; Cohen Seglias Pallas Greenhall & Furman PC;
October 14, 2014, previously published on September 24, 2014In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the dredging exception to NAICS code 237990, which is for “Other Heavy and...
|Drafting Contracts to Minimize or Avoid Claims|
Jason Ebe; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014Many claims that arise in design and construction may be mitigated or avoided as a result of prudent contract drafting at the outset of the project. This article provides practical tips for drafting contracts to minimize or avoid claims. These tips are applicable to design and construction...
|Energizing Transmission Construction in the Electric Industry|
Elizabeth M. Brereton; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big construction boom may be in electric transmission infrastructure. In...
|Arizona Supreme Court to Contractor: Sorry, but Equitable Subrogation Trumps Mechanics’ Lien Rights|
Richard G. Erickson; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014The smoke has finally cleared in a hard and long-fought battle between lenders and owners on one side and the general contractor (Weitz Company, L.L.C., from here on referred to as Weitz) on the other side claiming priority on a Phoenix condominium project. The project, well-known as Summit at...
|The Positive Multiplier of Individual Empowerment|
Joseph A. Cleves; Dressman Benzinger LaVelle psc;
October 13, 2014The result was increased efficiency and lower cost.
|The Fallacy of Union Benefit Trust Fund Lawsuits against Nevada Owners: A Call for Change|
Leon F. Mead; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014One consequence of the Great Recession in Nevada is the unfortunate demise of many contractors and subcontractors. Both union and non-union contractors have gone out of business due to the lack of available projects. Unfortunately, a contractor going out of business will occasionally leave some...
|Arizona Contractors Confront Cardinal Change|
Cindy K. Schmidt; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014The “cardinal change doctrine” is a legal theory pursuant to which a contractor who is presented excessive, cumulative or otherwise material contract change orders has the right to terminate the contract and/or recover damages from the owner. The basic concept is that if the owner (i)...
|Is the Spearin Doctrine Still a Contractor’s Shield if the Contractor Followed the Plans and Specifications?|
Richard G. Erickson; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014United States v. Spearin, 248 U.S. 132, 39 S.Ct. 59 (1918) is almost 100 years old, and it is still one of the most oft-cited cases in a construction lawyer’s playbook. In numerous contested cases, Spearin has given contractors a way to avoid liability for construction defects arising from...