Don’t threaten me!

Karl Oles – June 4, 2013 A 2013 decision from New York reminds us that threats can be costly. In Mometal Structures, Inc. v. T.A. Ahern Contractors Corp., from the Eastern District of New York, Mometal was hired by Ahern as structural steel subcontractor. The project was delayed for reasons that were not Mometal’s fault. Mometal tried to… Continue reading Don’t threaten me!

Bond Principal Necessary On A Mechanic’s Lien Claim

Christopher G. Hill – June 5, 2013 As anyone that reads my construction law blog knows, mechanic’s liens are a big part of the Virginia landscape for a construction attorney like me. One option for dealing with a mechanic’s lien here in Virginia that we have not discussed but so often is the ability to… Continue reading Bond Principal Necessary On A Mechanic’s Lien Claim

You Should (Almost) Never Request A Jury For A Construction Case

Scott S. Orenstein Construction Contract disputes are complicated legal matters.  Both sides usually have valid points to make.  The winner is determined by the application of relatively complex facts to the law.  Such cases often involve information beyond the knowledge and understanding of the average juror.  Although it is true that most judges do not… Continue reading You Should (Almost) Never Request A Jury For A Construction Case

Another Exception to Fraud and Contract Don’t Mix

Christopher G. Hill – May 27, 2013 Here at Construction Law Musings, we’ve discussed the fact that, in Virginia, the “economic loss rule” generally renders claims of fraud and construction contracts like oil and water. This is true in most states, including Florida. What this means is that as a general rule where any party… Continue reading Another Exception to Fraud and Contract Don’t Mix

Michigan Legislature Expands Scope of Construction Contract “Sole Negligence” Indemnity Limitation Statute

Brian Page – March 28, 2013 Michigan statute (MCL 669.991) provides that a provision in a contract for the construction, alteration, repair or maintenance of a building, structure or appurtenance that would cause the contractor to indemnify the owner against damages arising from bodily injury or damage to property caused by or resulting from the… Continue reading Michigan Legislature Expands Scope of Construction Contract “Sole Negligence” Indemnity Limitation Statute