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!

Can I File a Mechanics’ Lien on a Building That Was Never Built? Maybe…

Jennifer M. Horn and Daniel E. Fierstein – June 5, 2013 The Backdrop Since the Recession of 2008, the story of the construction project that fell through shortly after breaking ground has repeated itself far too frequently.  In too many of these situations, financing dries up, leaving owners without project funds to pay general contractors… Continue reading Can I File a Mechanics’ Lien on a Building That Was Never Built? Maybe…

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

Watered-down Nevada Construction Defect Bill Gets Hearing

Brian Duggan – June 2, 2013 A last-ditch effort by Assembly Republicans to get a watered-down construction defect bill passed this session got a committee hearing on Sunday. Assemblyman Pat Hickey, R-Reno, is pushing Assembly Bill 504, which has the backing of construction industry representatives, but is opposed by trial lawyers who represent homeowners. And… Continue reading Watered-down Nevada Construction Defect Bill Gets Hearing

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