construction contracts 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 […]

10 Things to Remember When Your Work is Delayed

Don gives ten “Do’s” and Don’ts” suggestions to remember the next time your construction job is delayed. Read the full article from Ohio Asphalt Magazine.

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. […]

Dos and Don’ts of DBE Contract Procurement

Since the 1980s, projects funded by the federal government have come with mandatory DBE (Disadvantaged Business Enterprises) participation requirements. Similar DBE participation requirements exist at the state and local level in jurisdictions across the country. Designed to increase the participation of minority and women-owned businesses (DBEs) in industries in which they have been historically underrepresented, DBE […]

Asserting Your Claim in Bankruptcy

As a creditor, you have the ability to assert certain claims within your customer’s bankruptcy case. One easy way to do that if the case is an asset case is to file a proof of claim. The claim will set forth amounts due from the debtor to you and the grounds from which this amount […]