Stan Martin – June 18, 2013 A contractor sends an inflated invoice to an owner for a completed project. The owner fails to pay anything against that invoice – even the amount that had been agreed to. The contractor eventually files suit, the court awards interest plus penalties of 1% per month on the unpaid… Continue reading Prompt Pay Means Prompt Pay
Category: Construction
SB 254A and Oregon’s CMGC Rules Are Overblown
Eric A. Grasberger – June 13, 2013 Oregon Senate Bill 254A and the CMGC method generally garner more attention than is justified. Here is the background. On a typical non-CMGC project, the general contractor will bid on a complete or nearly complete set of design documents. This is referred to as “design-bid-build.” In public construction, competitive bidding is… Continue reading SB 254A and Oregon’s CMGC Rules Are Overblown
Owners of Multifamily Housing Beware
Julie Maurer – June 20, 2013 Owners and developers of multifamily housing beware—you may be held responsible for your architect’s oversight. A growing number of state and federal courts are in universal agreement that owners and developers cannot sue their architects for designs that fail to meet accessibility requirements of the Fair Housing Act (FHA)… Continue reading Owners of Multifamily Housing Beware
Broad Form Indemnities In Construction Contracts
Joe Virene – June 20, 2013 Indemnifying someone for their own negligence is a tough pill to swallow. Yet, such clauses, often referred to as “broad form indemnities”, have been common for many years in Texas construction contracts. In 2011, Texas passed a new law dramatically limiting such clauses in construction contracts. The New Rule In a… Continue reading Broad Form Indemnities In Construction Contracts
Maryland Court of Special Appeals Upholds Board’s Decision to Deny Architectural Application
Roberto M. Montesinos – June 10, 2013 Randall Reiner, et ux. v. Clifford Ehrlich, et al. 2013 Md. App. LEXIS 61 A recently reported decision issued by the Maryland Court of Special Appeals offers some guidance and support for community associations on two issues that are frequently the subject of homeowner disputes. The case of… Continue reading Maryland Court of Special Appeals Upholds Board’s Decision to Deny Architectural Application