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Home » Topics » Legal

Legal
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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

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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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

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 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

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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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

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

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


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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

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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Legal Pipeline

Lien Claimants, Beware of Bankruptcy

Consult a bankruptcy attorney and a tax attorney for advice on how to protect your lien rights in the face of a bankruptcy filing.
May 1, 2022
Steven Nudelman

Since not all construction law attorneys know the ins and outs of bankruptcy law, and vice versa, consult a bankruptcy attorney and a tax attorney for advice on how to protect your lien rights in the face of a bankruptcy filing.


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Legal Pipeline

Arbitrate with Care to Avoid ‘Flimsy Post-Hoc Excuses’

Parties should read and be familiar with contract dispute resolution mechanisms to help avoid surprises and heavy-handed arbitration clauses.
April 1, 2022
Steven Nudelman

More and more construction contracts include alternative dispute resolution clauses, providing for mediation, arbitration or even a hybrid of both, known as med-arb.


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Legal Pipeline

Design-Assist: The Good, The Bad & The Ugly

The form of the design-assist contract is critical so that the responsibilities of each team member are spelled out in clear language.
September 3, 2021
Steven Nudelman

It is an age-old dilemma in the construction industry: How do you construct a project properly, on time and under budget?


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Feature

How To Protect Your Company From Cyberattacks

Cybercriminals know no boundaries. The only way to keep ahead of them is to be vigilant in keeping your computer system secure.
June 1, 2021
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