Eric Radz and Paul Sugar – September 18,2013 In Maryland and elsewhere, a mechanic’s lien safeguards a contractor’s entitlement to payment on a private project. It is a statutory device that, if properly pursued, provides a contractor a security interest in the real property improved by the contractor. While a project is under construction, an… Continue reading Mechanic’s Lien Waivers: Understand What You Are Waiving
Conditions Precedent to Dispute Resolution: a Help or a Hindrance?
Stanley A. Martin – September 9, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In… Continue reading Conditions Precedent to Dispute Resolution: a Help or a Hindrance?
Attorney Predicts More Lawsuits Over Home Defects
September 13, 2013 A recent state appellate court ruling that California’s Right to Repair Act is not the exclusive remedy for homeowners for actual damages resulting from construction defects will increase homeowner suits over defective construction, predicts David Frenznic, an attorney with the Sacramento law firm Wilke, Fleury, Hoffelt, Gould & Birney LLP. Although the… Continue reading Attorney Predicts More Lawsuits Over Home Defects
There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
Garret Murai – September 10, 2013 In 2002, the California State Legislature enacted S.B. 800 also known as the “Right to Repair Act” (Civil Code sections 895 et seq.). SB 800, which applies to newly constructed single-family residences sold after January 1, 2003, was intended to curb construction defect lawsuits by giving developers an opportunity… Continue reading There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
Stanley Martin – September 10, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In 2013,… Continue reading Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?