The Surfside building collapse has brought into focus a number of concepts, chief among them the ethical responsibilities of contractors, engineers, architects, inspectors, and even the board members of homeowners or condominium associations. Ethical behavior is defined by a set of ideals and moral principles, a system of values guiding one’s conduct.  It is in the […]…
As the nightmare of the Surfside building collapse sinks in, folks are beginning to explore who may be responsible for repairing and replacing the extensive damage. The answer, as with many legal questions, is, “it depends.” Historically, the condominium purchaser would look to the common law warranty of fitness and merchantability for relief, specifically alleging […]…
If you get involved in litigation, especially litigation with significant dollar exposure, you’ll likely come across a proposal for settlement.  Either your opposition does one or you or your legal advisor suggest you consider filing one yourself. Here’s how proposals for settlement works. The party being sued (the defendant) makes an offer to settle a particular dispute for a […]…
A lien secures your right to be paid for any improvement you have made to real property or materials you have furnished for that purpose. The lien places a hold, called an encumbrance, on that property (or in some cases on a lease on the property) in an amount equal to the value of the improvements you […]…
Liens are great tools to help contractors get paid what they’ve owed. Do work to improve a real property and you can rely on your lien rights to secure your payment. When a general contractor entered into a contract to build a house, he hired a number of subcontractors to complete the contracted work. The […]…
This pandemic has brought a lot of things into better focus.  We no longer take as much for granted, and those terms we so quickly skimmed over in our construction contracts in the past, we now realize require a closer look.  We have learned that more attention needs to be given to those overlooked contract provisions. […]…
Indemnity is a term familiar to those in construction. Basically, indemnity shifts fault for damages or losses from one party to another. It is generally contractual, where one party agrees to assume responsibility by means of a written agreement, holding another harmless from the consequences of its actions or omissions. And for those contractual indemnification […]…
They say necessity is mother of invention. That was surely true for Johan Vaaler who in 1899 decided he was tired of having to sew pages together to keep them organized. Voila, enter the paper clip. This wasn’t the case for Percy Spencer. He was a radar tube designer working at Raytheon who, while working […] Source