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Home » Authors » Steven Nudelman

Articles by Steven Nudelman

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
The statutes can prevent a plaintiff from bringing a frivolous claim for professional malpractice against a licensed professional.
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phc09_nudelman
Legal Pipeline

Contract Claims and COVID-19

Contractors seeking to collect on construction claims will do well to use an experienced construction attorney to navigate through the process.
August 31, 2020
Steven Nudelman
Contractors seeking to collect on construction claims will do well to use an experienced construction attorney to navigate through the process.
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pe09_nudelman
Legal Pipeline

My Office Is in Ohio. Can I Get Sued in Washington, D.C.?

A litigant is well-served looking at substance and procedural issues at the same time, such as whether there is a defense based on lack of jurisdiction.
August 31, 2020
Steven Nudelman
Instead of looking at only the substance first, a litigant is well-served looking at procedural issues at the same time. Lawyers look to see if there is a defense based on lack of jurisdiction.
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phc06_nudelman
Legal Pipeline

A Current Look at Force Majeure

In this age of COVID-19, parties to construction contracts (and their legal counsel) need to be mindful of these provisions.
June 1, 2020
Steven Nudelman
The novel coronavirus (COVID-19) has thrown a wrench into the country’s longest stretch of economic growth, threatening the performance and profitability of construction projects in states with restrictive governmental regulations.
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pe04_nudelman
Legal Pipeline

The Economic Loss Rule & Design Professionals: An Uncertain Liability Landscape

As the court decisions on this issue are varied, make sure to have an educated conversation with your construction attorney.
March 30, 2020
Steven Nudelman
Can a general contractor, who has suffered only economic harm, recover in negligence against an architect, with whom the contractor has no contractual relationship?
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pe12_nudelman
Legal Pipeline

Understanding the Scope of Payment Bonds

Subcontractors and subconsultants need to be mindful of such bonds since they may serve as a source of payment.
November 29, 2019
Steven Nudelman
Payment bonds are an important means for subcontractors and subconsultants to obtain payments on public works projects.
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phc09_nudelman
Legal Pipeline

Resolving Disputes Under Prompt Payment Statutes

Be mindful of the governing prompt payment statute in the jurisdiction where the project is located.
September 5, 2019
Steven Nudelman
Prompt payment statutes come in a variety of “flavors,” depending on the type of project (public or private), the location of the project (i.e., which state) and the nature of the project (state or federal).
Read More
pe08_nudelman
Legal Pipeline

Not All Third-Party Beneficiaries Are Alike

Only intended beneficiaries may assert claims under third-party contracts.
August 6, 2019
Steven Nudelman
May Contractor A sue Contractor B for breach of the developer’s contract — that is, the contract between Contractor B and the developer? In Arco In ge nieros, S.A. de C.V. v. CDM Int’l Inc., 368 F. Supp. 3d 256 (D. Mass. 2019), a Massachusetts federal district court said no.
Read More
phc06_nudelman
Legal Pipeline

Counteroffer with Care

Too much negotiating can cost you the contract.
June 4, 2019
Steven Nudelman
Now and then, courts decide unexciting, predictable cases that illustrate fundamental concepts of black-letter, “hornbook” law. These cases are not novel, earthshattering or groundbreaking.
Read More
pe04_legal
Legal Pipeline

Consumer Fraud Statutes Can Affect Design Professionals, Too

Be mindful of your state’s consumer fraud statutes to receive appropriate protections.
April 1, 2019
Steven Nudelman
While many states exempt architects, engineers and other licensed professionals from liability under such statutes, others do not.
Read More
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