News Archive

Massachusetts Court Finds Public Owner Gave Implied Warranty Regarding Designer’s Plans and Specifications on a CM-at-Risk Project

In a September 2, 2015 decision, the Massachusetts Supreme Court bolstered the Spearin Doctrine when it found that a public owner had impliedly warranted the plans and specifications for a project constructed under the construction manager-at-risk delivery system. See Coghlin Elec. Contractors, Inc. v. Gilbane Bldg. Co., 2015 WL 5123135 (Sept. 2, 2015). This case […]

Bonds on Ohio P3s – Public-Private Partnerships

The funding of construction projects for public use through public-private partnerships (known as “P3s”) is increasing at all levels, including on federal and federally funded projects. Typically, the public entity will provide the land and authorize the private entity to design, build and frequently operate the resulting public work. In trying to maximize the incentives […]

Failure to Scrutinize Employee Background Can Prove Costly

With the proliferation of social media outlets and job search engines, including LinkedIn, Twitter, Monster.com, glassdoor and even Facebook, it is as easy as ever to get your resume in front of prospective employers. These websites are expertly designed to highlight credentials, strengths, connections and interests before a broad audience. Employers also benefit from these […]

Sub Suspended Work for Non-Payment without Notice

The AIA A401 subcontract allows an unpaid subcontractor to stop work until payment is received, “upon seven additional days’ written notice to the Contractor.” (§4.7.1). In a New York school construction dispute, the subcontractor was unpaid for three months and stopped work, but did so without providing the contractual 7-day notice prior to suspending work. […]

Computers and iPads as Important as Cranes and Concrete Mixers

Tech is king in our modern era, and tech in the construction industry is certainly no exception. The Ohio State University’s $370 million “North Residential District Transformation” project maintains five electronic kiosks on site with electronic planning tables and high-tech computers. Many workers carry iPads. Dozens of apps are available that are specifically designed for […]