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Contractor Walk Offs: Preventative Measures And Remedies
During the course of a construction project there is always the possibility that a contractor may “walk off” the job, leaving the owner, subcontractors and material suppliers with a difficult and often expensive dilemma.(September, 2009)
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Drafter Beware – Indemnification Clauses Are Not Always Enforceable
A standard clause in many construction related contracts often requires one of the parties to indemnify and hold the other harmless.(August, 2009)
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What Is a Proper Payment?
If you are the owner of a property that is the site of a construction project, one way to limit your exposure to the individuals and companies working on the project is to make “proper” payments during the course of construction.(July, 2009)
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Did You Forget Something? The Importance Of Filing Your Lis Pendens When Foreclosing A Construction Lien
The filing of a construction or mechanic’s lien is just one in a series of steps a contractor can take to protect its right to receive payment for labor and materials provided.(June, 2009)
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Alert: Contractors May Recover Against Lenders
Who Fail To Disburse Loan Proceeds As Designated
What happens when a borrower has earmarked portions of a construction loan for specific purposes but those designated funds are then subsequently disbursed by the lender for another purpose?(May, 2009)
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Specially Fabricated Goods: When to Lien
As a general rule, the limitation period in most jurisdictions for filing a materialman’s lien on a property, assuming all other conditions have been met, begins to run when the materials are delivered to the property.(April, 2009)
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Forewarned is Forearmed: Avoiding Entanglement with the False Claims Act
The scenarios under which construction professionals and their companies may be threatened with violations of various statutory false claims acts are as broad as the industry itself.(March, 2009)
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Non-compete Agreements for Engineering Professionals
Increasing use of restrictive covenants protect firm’s intangible assets but can limit employees’ future career opportunities.(February, 2009)
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Ink the Deal
There is no running away from the fact that we live in a highly litigious society, and there is no question that having to file a lawsuit to enforce your rights or being brought into a lawsuit to defend yourself is at best an expensive proposition and at worst a gut wrenching experience.(January, 2009)
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The Thrill is Gone: Responding to a Defect Claim
Because purchasing a home is typically the largest purchase a person makes in their lifetime, it quickly becomes a roller-coaster ride of excitement and emotions, encompassing hours of research, projections, and financial analysis.(December, 2008)
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Who’s in Charge?
Is your firm providing services to a condominium, be it to the common elements or to individual units? If so, you need to know that the law in most states requires such contracts be in writing.(November, 2008)
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Treatment of Bankruptcy Claims Facing Statute of Limitations
The variety and types of claimants scheduled on a debtor’s schedules and who file claims can be quite varied.(October, 2008)
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