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A number of popular American Institute of Architects (AIA) documents actually expired in October of last year. This means that the 2007 version of A101, A102, A103, A201, A401 and B101 contract forms will not be able to be created or edited. This is because the AIA released its revised versions of these documents in 2017 and allowed 18 months for the transition. This is important as AIA form documents have routinely been the agreements…
Be careful – owners and contractors are now being held criminally liable for their carelessness and disregard of safety protocols. Safety may be job one on any number of job sites, but state and federal prosecutors are now charging developers, general contractors and subcontractors with actual crimes. No longer are safety violators just facing monetary fines, they are looking at actual jail time. A New York case involving a wall collapse at an excavation site…
A concrete company rented a pumper and was using it at a job site when a construction worker was struck and injured by the pumper’s hose. Claims were filed against both the concrete company and the rental company that supplied the pumper. The rental company settled but then sought to recover from the concrete company what it paid out. How could it do that? It relied on the language in its rental agreement with the…
Generally, the last day on the job doesn’t have much affect in calculating lien deadlines. Contractors are regularly called back to a job to address a punch list of items not quite done to the owner’s satisfaction. These tend to be more touch up tasks than substantive work, and don’t impact the date by which a lien has to be filed. An electrician found this out the hard way. When he wasn’t paid, he filed…
Sometime after construction had begun on a project, the customer ceased making payments. Construction stopped, and the contractor timely filed a claim of lien for the balance still due to him for work done on the project. Two months later, the contractor amended his lien to include additional work he had to perform to protect the partially finished project from the elements. The customer wasn’t happy. He claimed the amended lien was filed late and…
Sometime after construction had begun on a project, the customer ceased making payments. Construction stopped, and the contractor timely filed a claim of lien for the balance still due to him for work done on the project. Two months later, the contractor amended his lien to include additional work he had to perform to protect the partially finished project from the elements. The customer wasn’t happy. He claimed the amended lien was filed late and…
A few months ago, the Florida legislature amended the existing 10 year statute of repose – the time period one has to sue for latent or hidden defects. The law had stated that a lawsuit based on the design, planning or construction of an improvement to real property must be commenced within 10 years after the latest of the following events: The date of actual possession by the owner; The date of the issuance of…
A few months ago, the Florida legislature amended the existing 10 year statute of repose – the time period one has to sue for latent or hidden defects. The law had stated that a lawsuit based on the design, planning or construction of an improvement to real property must be commenced within 10 years after the latest of the following events: The date of actual possession by the owner; The date of the issuance…
There are plenty of terms and provisions in a construction contract which can sound pretty definitive but which can actually prove to be anything but certain. A waiver of consequential damages is one such clause. Let’s start with the definition of consequential damages. What they are not are direct damages – those damages which arise directly from a contract breach, such as the cost to repair or complete defective work. Consequential damages are instead those…
There are plenty of terms and provisions in a construction contract which can sound pretty definitive but which can actually prove to be anything but certain. A waiver of consequential damages is one such clause. Let’s start with the definition of consequential damages. What they are not are direct damages – those damages which arise directly from a contract breach, such as the cost to repair or complete defective work. Consequential damages are instead those…