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|Litigation Pitfalls: Failure to Preserve Evidence in Your “Control.”|
Lisa Richardson; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on May 2014Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions.
|Sureties and Contractors: Deviate from the Contract’s Claims Notice Provisions at Your Own Peril|
Adam J. Beedenbender; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on May 2014The Georgia Court of Appeals’ March 28, 2014 decision in Western Sur. Co. v. Department of Transp. is likely to strike fear into the hearts of Georgia Contractors and Sureties. In that decision, the Court held that such Contractors and Sureties, absent extraordinary circumstances, must comply...
|Forum Selection Clauses in Construction Contracts - Enforceable or Not?|
Eric R. Mull; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on September 2014Late last year in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S.Ct. 568 (2013), the United States Supreme Court took a critical stand for subcontractors, limiting the use of forum selection clauses in construction contracts. In so...
|Who is and Who is Not Covered by a Public Project Miller Act Payment Bond?|
Eugene J. Heady; Smith, Currie & Hancock LLP;
January 8, 2015, previously published on November 12, 2014The Miller Act, codified at 40 U.S.C. §§ 3131-3134, represents a Congressional effort to protect those supplying labor and material for the construction of federal public buildings or public works in lieu of the protections they might otherwise receive under state statutes if engaged in...
|Bidding and Performing Public Works Contracts in Other States|
Todd M. Heffner; Smith, Currie & Hancock LLP;
January 8, 2015, previously published on December 10, 2014Working in a new state can present many new opportunities, but it also comes with many challenges. You cannot assume that the new state’s laws will be identical to your own. Some issues that might come up include: registration and licensing requirements, anti-indemnity statutes, bonding and...
|Condominium Associations’ Rights are Expanded Against Developers|
James S. Singer; Rudolph Friedmann LLP;
December 26, 2014, previously published on November 20, 2014In a case of first impression, the Massachusetts Supreme Judicial Court expanded the rights of condominium associations to recover for damage for the negligent construction of common areas of a condominium development. The case is Wyman et al. v. Ayer Properties, LLC.
|Engineers in Idaho: Working Remotely is Lienable!|
Asha Echeverria; Bernstein Shur;
December 22, 2014, previously published on November 21, 2014In Hap Taylor & Sons, Inc. v. Summerwind Partners, LLC et al., No. 40514, 2014 WL 5861063, — P.3d -, (Idaho Nov. 13, 2014), the Idaho Supreme Court clarified the application and extent of a professional services mechanic’s lien under Idaho law. This case involved the infrastructure...
|When Does a ‘no damage for delay clause’ Apply? It Depends!|
Michael R. Bosse; Bernstein Shur;
December 22, 2014, previously published on November 21, 2014This summary presents two cases, one from Texas and one from Connecticut, that analyzed “no damage for delay clauses” and reached different conclusions. Like so many cases, these two claims turned on the facts present in each matter. This is just another reminder that the precise facts...
|Construction Manager More at Risk?|
Warren E. Friedman; Peckar & Abramson A Professional Corporation;
December 12, 2014, previously published on November 2014The Massachusetts Superior Court issued an opinion this summer which expands the risk of doing business as a Construction Manager At-Risk (“CM@R”). That Massachusetts trial court ruled, in what it determined was a matter of fi rst impression, that a CM@R could not sue an owner for...
|Pennsylvania Amends Mechanics’ Lien Law to Create New Notice Procedures and Requirements|
December 10, 2014, previously published on October 14, 2014On October 14, 2014, Governor Tom Corbett signed into law Act No. 142 (the “Act”) amending the Pennsylvania Mechanics’ Lien Law, 49 P.S. 1101 et seq., which brings Pennsylvania in line with several other states by creating a more structured notice procedure for owners and...