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Home » Topics » Legal, How To

Legal, How To
Legal, How To RSS Feed RSS

PHC0323_Lien definition.jpg
Legal Pipeline

Subordination of a Mechanic’s Lien: A Business and Legal Decision

Consider all the possibilities before signing a construction contract with this stipulation.
March 7, 2023
Steven Nudelman
No Comments

When confronted with a subordination clause in a construction contract, contractors will receive conflicting advice from lawyers and business managers. If the clause is legal in a contractor’s jurisdiction, he’ll need to consider whether it is worth it to antagonize a client.


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home construction.jpg
Legal Pipeline

Builder Beware: Disclaimer of Implied Warranties May Not Be Enforceable

Freedom of contract is not absolute; it has limitations, regardless of the jurisdiction.
January 6, 2023
Steven Nudelman
No Comments

In part, implied warranties ensure that homebuyers are protected from poor-quality construction. Make sure your contracts do not have lopsided waivers and provisions that make them unfair to your customers.


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PE1222_Coke or Pepsi.jpg
Legal Pipeline

Contract for Arbitration With Care

Be careful with contract drafting on the front end so that you avoid more costly disputes on the back end.
December 5, 2022
Steven Nudelman
No Comments

Dispute resolution of construction contracts, design professional contracts and other related documents often comes through arbitration or litigation. Dispute resolution clauses should be drafted carefully, consistent with applicable law, to include arbitration if so desired.


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legal.jpg
Legal Pipeline

The Shop Drawing Liability Debate

Design professionals should focus on meeting the applicable standard of care when it comes to specifying project materials and manufacturers.
October 3, 2022
Steven Nudelman
No Comments

Who is responsible for what is in shop drawings? Read on to discover how design professionals can be liable for the contents of shop drawings if they don’t meet the standard of care in specifying materials and manufacturers.


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phc09_nudelman.jpg
Legal Pipeline

Consumer Protection Statutes Protect General Contractors, Too

If corporations acting through authorized representatives are not careful, they face exposure to enhanced damages.
September 5, 2022
Steven Nudelman
No Comments

Subcontractors should be aware of state consumer protection laws as they can be used against them in a breach of contract situation. Read on for the result of a Connecticut case where a subcontractor defrauded a general contractor out of a 30 percent deposit.


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Legal Pipeline

Terminate with Care: Avoiding Contractual Liability for Wrongful Termination

Carefully follow the terms of the subcontract to ensure there are proper grounds to part ways with a subcontractor.
August 5, 2022
Steven Nudelman
No Comments

Before ending a contract, make sure you or your attorney understand the terms dictating when termination is warranted. 


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PHC0722_professional liability.jpg
Legal Pipeline

Even Limitation of Liability Clauses Have Limits

The enforceability of these clauses varies by jurisdiction, but most are allowed — with a few exceptions.
July 4, 2022
Steven Nudelman
No Comments

Limitation of liability clauses are added to project contracts and shift the risk of misconduct perpetrated by design professionals, such as architects and engineers, to the building owner.


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Fire Safety
The FPE Corner

Ordinance 18-14: Safety Gaps

Honolulu’s first retrofit fire safety legislation for high-rise apartments leaves room for tragedy.
June 26, 2018
Samuel S. Dannaway
No Comments
Honolulu’s first retrofit fire safety legislation for high-rise apartments needs to serve as a building block for the inevitable complete sprinkler mandate that is to come.
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LOL
Legal Pipeline

LOL Clauses Are No Laughing Matter

Engineers have their own lingo with which you should be familiar.
March 20, 2018
Steven Nudelman
No Comments
Engineers should not draft LOL provisions (among other contract clauses) – attorneys should.
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2018 PHC March Steven Nudelman
Legal Pipeline

The Spearin Doctrine and Design-Build

Applying a 100-year-old rule to the latest project delivery system.
February 28, 2018
Steven Nudelman
No Comments
Contractors on design-build projects should look to one of construction’s most nuanced cases to date.
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