If you’re not being paid, then don’t provide lien waivers saying that you are. That’s the clear lesson in a recent case, J.H. Larson Electrical Company v. Rochon Corporation. In J.H. Larson, the Minnesota Court of Appeals rejected the bond claim of an electrical subcontractor’s supplier because the general contractor had relied upon full lien… Continue reading Construction Law Alert: Lien Waivers Sink Bond Claim
Category: Construction
Who is at Fault for Florida Construction Defects?
Florida has a comparative fault statute that allows contractors the opportunity to split fault with other parties that may be partially to blame for construction defects, unless the other parties caused the damage by committing an intentional tort. When Floridians picture their dream house, one thing that doesn’t cross their minds is that their ideal… Continue reading Who is at Fault for Florida Construction Defects?
Managing Soil Vapor Intrusion Risks In Real Estate Transactions
In 1989, after years of investigation and study, the U.S. EPA (“EPA”) finally selected a remedy for the Middlefield-Ellis-Whisman (“MEW”) area in Mountain View, California, one of the largest Superfund sites in the country. Five years later, the EPA concluded that the remedy at MEW was not adequate to prevent the migration of contaminated vapors… Continue reading Managing Soil Vapor Intrusion Risks In Real Estate Transactions
Unlicensed Contractors
Daniel Vasquez May 6, 2012 Would you place your air-conditioning unit or roof in the hands of a fly-by-night company to save a buck? Are there more unlicensed contractors offering bargains across Florida because of the bad economy? The answers to those questions are being sought by the trade group Air Conditioning Contractors of America,… Continue reading Unlicensed Contractors
Maryland Court Holds Arbitration Clause in a Contract Partially Unenforceable
Stephen R. Freeland May 7 2012 In College Park Pentecostal Holiness Church v. General Steel Corp., Civ. No. PJM 09-2070 (D. Md.), the United States District Court for the District of Maryland struck down several portions of an arbitration clause in a standardized construction contract as unconscionable. The case was filed by the plaintiff church… Continue reading Maryland Court Holds Arbitration Clause in a Contract Partially Unenforceable