Jose A. Aquino – February 15, 2013 A recent decision of New York City Office Of Administrative Trials And Hearings (“OATH”) highlights the significance of compliance with each and every provision of a construction contract. Ferreira Construction Co., Inc. v. Dep’t of Transportation, OATH Index No. 1619/12 (Nov. 16, 2012), involved a public contract to… Continue reading Compliance with Contractual Notice Provisions
Category: Construction Contracts
How to Guarantee the HOA can’t Litigate Condo Construction Defect Claims
Jared E. Berg and John W. Mill – January 28, 2013 Developers and general contractors would like to avoid litigating construction defect claims brought by condominium homeowner associations. There is a way to do this. It is common practice for real estate attorneys, when drafting declarations for common interest communities, to include arbitration clauses in… Continue reading How to Guarantee the HOA can’t Litigate Condo Construction Defect Claims
Construction Litigation Update: Florida Supreme Court Rules that Unlicensed Contractors Cannot Enforce Construction Contracts
Jim and Mary Homeowner are newlyweds who used their wedding money to buy their first home, a fixer-upper that required considerable renovations. The happily married couple was given the name of a local handyman, Bob, who was honest, hard-working, and wasn’t too expensive. The Homeowners interviewed Bob and were duly impressed with his plan to… Continue reading Construction Litigation Update: Florida Supreme Court Rules that Unlicensed Contractors Cannot Enforce Construction Contracts
The Differences Between “Pay if Paid” and “Pay when Paid” Clauses in Construction Contracts
Stephen K. Pudner – January 15, 2013 As attorneys that draft construction contracts and litigate construction disputes on a regular basis, we have seen how construction contract terms are used in contracts and what the practical effects of these terms may be on the rights and obligations of parties to those contracts. While a previous… Continue reading The Differences Between “Pay if Paid” and “Pay when Paid” Clauses in Construction Contracts
The Only Four Good Reasons to put Arbitration in Your Contract
Liz Kramer – January 4, 2013 Let’s say you are considering updating your form contract, or you are in the midst of negotiating a new contract with someone. Should you include mandatory arbitration for resolving any disputes? Assuming you have the choice, my view is you should only include arbitration if at least one of… Continue reading The Only Four Good Reasons to put Arbitration in Your Contract