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Home » Authors » Steven Nudelman

Articles by Steven Nudelman

PE0522_petition-for-bankruptcy.jpg
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
No Comments

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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PHC0422_dispute-resolution-process.jpg
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
No Comments

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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PE1221_modern-apartment-building.jpg
Legal Pipeline

Is the Claim Timely?

A look at limitation on actions in multibuilding developments.
December 6, 2021
Steven Nudelman
No Comments

Whenever a client speaks to me for the first time about a potential construction case, I almost always ask them to prepare a “back of the envelope” timeline. 


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PE0921-construction-team.jpg
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
No Comments

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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PHC0621_arbitration-agreement.jpg
Legal Pipeline

But I Didn’t Agree to Arbitrate — Did I?

How direct benefits estoppel may impact your commercial construction contracts.
June 1, 2021
Steven Nudelman
No Comments
To understand direct benefits estoppel and how it may impact your agreements, you may want to consult an attorney. At the very least, read through contracts thoroughly as the plain, unambiguous language of the parties’ agreement is going to trump principles of equity in the law.
 
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PHC0621_arbitration-agreement.jpg
Legal Pipeline

How direct benefits estoppel may impact your commercial construction contracts.

June 1, 2021
Steven Nudelman
No Comments
To understand direct benefits estoppel and how it may impact your agreements, you may want to consult an attorney. At the very least, read through contracts thoroughly as the plain, unambiguous language of the parties’ agreement is going to trump principles of equity in the law.
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Legal Pipeline

The Miller Act Matters to Design Professionals

Although design work itself is not protected, construction administration services provided by the architect or engineer are protected.
April 2, 2021
Steven Nudelman
No Comments

Contractors and design professionals who work on projects for the federal government must contend with a complex web of federal statutes and regulations


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Legal Pipeline

Delays Caused By a Pandemic: Are they Compensable or Excusable?

During the negotiation process, contractors must carefully consider the allocation and of risk, attendant costs and possible delays.
March 8, 2021
Steven Nudelman

To supplement the famous words of Benjamin Franklin, “[I]n this world nothing can be said to certain except death and taxes” — and construction delays.


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phc12_nudelman
Legal Pipeline

The Spearin Doctrine: 100-Plus Years Old and Still Going Strong

All parties to construction contracts must be aware of its limits and contours to understand properly their exposure to liability.
December 1, 2020
Steven Nudelman
No Comments
“Errors and omissions” is a phrase that keeps design professionals awake at night.
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pe12_nudelman
Legal Pipeline

Certificate of Merit Failure May Result in Engineer’s Success

The statutes can prevent a plaintiff from bringing a frivolous claim for professional malpractice against a licensed professional.
December 1, 2020
Steven Nudelman
No Comments
The statutes can prevent a plaintiff from bringing a frivolous claim for professional malpractice against a licensed professional.
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