Kimberly A. Blake | Gordon & Rees LLP | December 3, 2015 On July 1, 2012, SB 189, SB 190, AB 456, and SB 424 became effective, revamping California’s Design Professionals Liens and Mechanics Liens statutes. Although it has been a few years since the statutes became effective, this article provides a general overview of… Continue reading Lien on me – Mechanics Liens and Design Professionals Liens
Category: Construction Contracts
Waiver of Time of Performance Provisions in Construction Contracts
Jeffrey S. Wertman | Berger Singerman LLP | November 11, 2015 It is important for owners and contractors to understand the contractual provisions and requirements for the time of completion and minimize the risk of delay. Most construction contracts contain a provision stating that “time is of the essence.” An example of a “time is… Continue reading Waiver of Time of Performance Provisions in Construction Contracts
Alternate Dispute Resolution
Asha Echeverria | Bernstein Shur Sawyer & Nelson PA | October 27, 2015 Earlier this month I attended a summit on alternate dispute resolution at the American Bar Association Forum on Construction’s Fall Meeting in Austin, Texas. One of the sessions I found particularly interesting was a session titled “Has Arbitration Fulfilled its Promise?”… Continue reading Alternate Dispute Resolution
When Less is More: the Pitfalls of Saying too much in Professional Contracts
Eric G. Cheng | Wilson Elser | November 13, 2015 Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of liability and indemnification clauses in their form services contracts to avoid responsibility for problems that arise in the execution of the plans. These strategies… Continue reading When Less is More: the Pitfalls of Saying too much in Professional Contracts
MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work
Murtha Cullina LLP | October 22, 2015 Summary The general contractor on a public demolition project paid nothing to a subcontractor that had performed the majority of its work but refused to perform work that it claimed was outside of its scope of work. The subcontractor sued the general contractor and after cross-motions for summary… Continue reading MA Appeals Court Ruling: Contractor Justified not Paying Subcontractor that Refused to Perform Work