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HTMLB.C.'s New Civil Resolution Tribunal Orders Special Levy to Fund Repairs to Strata Property
Krista M. Johanson; Borden Ladner Gervais LLP;
Legal Alert/Article
March 21, 2017, previously published on February 1, 2017
In its first significant decision, BC's new Civil Resolution Tribunal ("CRT") has ordered a strata corporation to raise a special levy to perform repairs at the urging of a single strata owner. This decision indicates that the CRT, which is the new, mandatory dispute resolution venue for...

 

Adobe PDFThe Perils of the Statute of Frauds
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 16, 2017, previously published by Plumbing Systems & Design on April 2009
For purposes of this discussion, let’s assume that the parties did have a contract. They had the requisite offer, acceptance, consideration, and meeting of the minds on all essential terms. The only thing they did not have was a written document memorializing their deal. Could Paul enforce...

 

Adobe PDFThe Buyer’s Remedy of Cover
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 16, 2017, previously published by Plumbing Systems & Design on September 2009
Thus, this article offers a comprehensive overview of cover and how it affects plumbing contractors, vendors, and purchasers who engage in everyday commerce involving plumbing supplies and materials.

 

Adobe PDFRTGC: Read the General Contract
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 16, 2017, previously published by Plumbing Systems & Design on January/February 2009
All too often I hear stories about business executives who sign legal documents such as contracts, leases, notes, mortgages, releases, or assignments without actually taking the time to read them.

 

Adobe PDFUnderstanding Liquidated Damages
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 16, 2017, previously published by Plumbing Systems & Design on June 2008
By learning about the ramifications and pitfalls of liquidated damages and delay claims in advance, the savvy plumbing contractor could work with his attorney to avoid costly litigation in the future.

 

Adobe PDFMechanic’s Liens and You
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 16, 2017, previously published by Plumbing Systems & Design on September 2008
Mechanic’s liens are grounded in statute, and the law varies widely from state to state. For that reason, it is imperative that you consult with a local attorney to assist you with a mechanic’s lien. This article is meant only to give you a general overview.

 

Adobe PDFLeapin’ Lizards! It’s a Lis Pendens!
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 15, 2017, previously published by Plumbing Systems & Design on November 2009
This article explores the beginning of the terrain beyond filing a mechanic’s lien—the terrain covered by two little Latin words: lis pendens.

 

Adobe PDFThe Fractured World of Conditional Payment Provisions
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 14, 2017, previously published by Plumbing Systems & Design on May 2011
The world is full of disclaimers. They may be found on the back of a dry cleaning ticket, on a sign in a parking garage, or virtually everywhere you look in an amusement park. Most lay people read these disclaimers and believe them to be true.

 

Adobe PDFStandard of Quality Clauses in Public Contracts
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 14, 2017, previously published by Plumbing Systems & Design on April 2010
To date, most of my columns have focused on litigation-based issues, such as claims, in the private construction context. This month, I am taking you through a narrow area of the law governing public works contracts

 

Adobe PDFIs an Arbitration Award Really Final?
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 14, 2017, previously published by Plumbing Systems & Design on June 2010
Arbitration continues to grow in popularity as the preferred method of resolving business disputes. Proponents of arbitration claim that it is generally quicker and cheaper than traditional litigation, and unlike litigation, arbitration offers participants finality.

 


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