Posted on Nov 1, 2011 By Kevin B. Watson
From McGraw Hill : "New construction starts in September receded 1% to a seasonally adjusted annual rate of $419.5 billion, according to McGraw-Hill Construction, a division of The McGraw-Hill ...
Continue reading "September Construction Down 1% from August" »
Posted on Oct 19, 2011 By Kevin B. Watson
Ok, here's one that is tough to swallow. An Owner pleads poverty in the face of a mulit-million dollar claim, and offers the Prime an Subs a pittance to settle. One Subcontractor refuses to accept ...
Continue reading "Pay Bond + Broke Owner + Pay When Paid = Pennies for Subs?" »
Posted on Sep 9, 2011 By Kevin B. Watson
Here's a recent guest post from me on one of my favorite construction Blogs, Chris Hill's Construction Musings .
Continue reading "Alternative Fee Arrangements and Construction Claims" »
Posted on Aug 24, 2011 By Kevin Watson
We reported in our February 21, 2011 Blog article, Gifford v. U.S. Green Building Council - The Color of Money , about a class action lawsuit filed by Henry Gifford, owner of New York-based Gifford ...
Continue reading "Update: Gifford v. U.S. Green Building Council - No Standing for Plaintiffs" »
Posted on Aug 24, 2011 By Kevin B. Watson
McGraw Hill reports that new construction starts in July of 2011 dropped 10% to a seasonally adjusted annual rate of $394.7 billion. June's better than expected 15% gain was throttled, leaving pundits ...
Continue reading "Two Steps Back . . . July Construction Starts Down 10% From Robust June" »
Posted on May 31, 2011 By Kevin B. Watson
Unprecedented, though limited sanctions were handed down by the City of Philadelphia to a general contractor for allegedly circumventing Minority Business Enterprise participation goals. The ...
Continue reading "Philly Contractor Sanctioned for Minority Business Enterprise Shell Game" »
Posted on May 26, 2011 By Kevin B. Watson
In Harbor Construction Company, Inc. v. Board of Supervisors , 2011 La. App. LEXIS 577 (May 12, 2011), t he Court of Appeal of Louisiana, Fourth Circuit, gives nod to an ancient tenet of construction ...
Continue reading "The Spearin Doctrine is Alive and Well in Louisiana" »
Posted on May 19, 2011 By Kevin B. Watson
From McGraw Hill Construction , new construction projects reported in April, 2011 were $400.2 billion, compared to $401.1 billion for March of 2011. While some may consider this "flat line" growth ...
Continue reading "April Construction Starts - Stability or Flat Line" »
Posted on May 16, 2011 By Kevin B. Watson
Late last week an appellate decision out of California was released that illustrates the inherent hazards of broad form indemnity provisions (i.e., indemnity not limited to personal injury and ...
Continue reading "Passing Buck to Sub under Tender Costly to Prime" »
Posted on May 11, 2011 By Kevin B. Watson
"What's in a name? That which we call a rose By any other name would smell as sweet." Romeo and Juliet (II, ii, 1-2) For those banking on broadly written agreements to arbitrate construction disputes ...
Continue reading "Fraud, Florida, Arbitration and . . . Shakespeare" »
Posted on Apr 7, 2011 By Kevin B. Watson
The highest court in Pennsylvania has shot down a procurement practice designed to enhance flexibility, innovation, speed and economies in project delivery. The practice allows for Design-Build/Best ...
Continue reading "Pennsylvania Supreme Court Nixes "Design-Build/Best Value" Contracting" »
Posted on Mar 30, 2011 By Kevin B. Watson
McGraw Hill Reports that new construction starts fell 4% from January to February. For the second consecutive month nonresidential and, specifically, public works sector building dropped from a better ...
Continue reading "February Construction Down - Trend to Stability" »
Posted on Feb 21, 2011 By Kevin B. Watson
A February 7, 20011 motion filed to amend the complaint in Henry Gifford, et al. v. U. S. Green Building Council , a lawsuit pending in Federal Court in the Southern District of New York, brings light ...
Continue reading "Gifford v. U.S. Green Building Council - The Color of Money" »
Posted on Feb 8, 2011 By Kevin B. Watson
I've discussed previously the concept of an engineer or architect getting sued by third parties for errors and omissions that don't result in personal injury or property damage. A recent Texas ...
Continue reading "Design Liability for Economic Loss to Third Parties" »
Posted on Feb 4, 2011 By Kevin B. Watson
Mechanics liens are powerful tools for contractors to secure payment for work performed. This remedy is created by state statute, and proper execution of the lien can result in the encumbrance and ...
Continue reading "Improper Mechanics Lien = Slander of Title" »
Posted on Jan 28, 2011 By Kevin B. Watson
In a decision guaranteed to get the attention of professional liability insurers throughout the United States, an appellate court in Pennsylvania has just published an opinion holding that an engineer ...
Continue reading "Engineer's Duty to Warn Limited to Contract Undertakings" »
Posted on Jan 17, 2011 By Kevin B. Watson
What happens when an engineer's project proposal to an architect is signed by the architect, but conflicts with the terms of a later executed AIA document? If, like most A/E's, you assume that the ...
Continue reading "Avoiding Conflict: Architect and Engineer Proposals and Final Contracts" »
Posted on Dec 20, 2010 By Kevin B. Watson
Houston's Metropolitan Transit Authority of Harris County ("MTA") is moving forward with plans to utilize $900 Million in grant money from the American Recovery and Reinvestment Act of 2009 to ...
Continue reading "Houston Transit Project and Buy America Act" »
Posted on Dec 13, 2010 By Kevin B. Watson
Notice provisions in contracts can be complicated and burdensome, and are often disregarded by contractors and owners alike. Does it really matter whether notice is documented, so long as the owner ...
Continue reading "Notice of Contract Claims - Don't Delay" »
Posted on Dec 6, 2010 By Kevin B. Watson
So you have executed a contract containing an Alternative Dispute Resolution (“ADR”) provision calling for mediation, followed by arbitration, pursuant to the Construction Industry Rules of the ...
Continue reading "Arbitration and the Construction Surety" »
Posted on Nov 23, 2010 By Kevin B. Watson
The Boston Globe reported today that the Massachusetts Turnpike Authority, Bechtel Corp. and other contractors and designers on the Big Dig have agreed to settle a wrongful death claim brought by the ...
Continue reading "Settlement over Deadly "Big Dig" Design Error" »
Posted on Nov 19, 2010 By Kevin B. Watson
In the case of Robert R. Dean, et al. v. Barrett Homes, Inc. , et al., 2010 N. J. Lexis 1219 (November 15, 2010), the New Jersey Supreme Court addressed the application of the Economic Loss Doctrine ...
Continue reading "Economic Losses, Integrated Products, and Defective Construction" »
Posted on Nov 16, 2010 By Kevin B. Watson
A recent court opinion from a federal judge in Nashville revisits the elements necessary to prevail on a claim of copyright infringement when construction drawings are copied and used without ...
Continue reading "Copyright Protection for Construction Drawings" »
Posted on Nov 10, 2010 By Kevin B. Watson
Welcome to the first blog entry from the Design and Construction Law Blog , published by Halberstadt Curley, LLC. We’re publishing this as we introduce our new website design. Our aim is to report, ...
Continue reading "Breaking Ground: Our First Blog Entry" »