Don’t Lien for Non Lienable Services

A general contractor entered into a contract to remodel a house. He hired a number of subcontractors to complete the contracted work. The interior designer wasn’t one of them; she had a direct contract with the owner but she performed her work through the contractor. When the owner missed making certain payments to the general contractor because of a disagreement over some change orders, the contractor recorded a claim of lien against the owner’s property. Multiple suits followed, with subcontractors suing the general contractor for non-payment and the general contractor claiming against the owner for breach of contract and foreclosure ... Read more

Dealing With Shop Drawings

The devil is in the details. This is particularly true in construction. While the plans and specifications present a good deal of information about the project as a whole, submittals and shop drawings provide tradesmen the necessary details on how specific component parts fit together while also illustrating the intent of the design professional. There are at least three factors that one must keep in mind when dealing with how the shop drawing submittal process is addressed within a subcontract. First, submittals must be prepared and transmitted timely so as not to delay the progress of other trades or impede ... Read more

Safety is Job One

Construction is a dangerous profession which prescribed safety plans attempt to mitigate. However, the actual or perceived delegation of safety obligations done incorrectly can create liability. It is therefore especially important to clarify who is to manage and monitor safety issues on any project. While such a delegation may not eliminate liability if an accident were to occur, it may limit one’s exposure by shifting some portion of the responsibility. Here’s what a general contractor is likely to add in any subcontract to protect itself “Subcontractor has the sole responsibility for maintaining the safety and loss prevention programs covering all ... Read more