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Home » Authors » Steven Nudelman

Articles by Steven Nudelman

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
phc03_nudelman
Legal Pipeline

Effective Mechanic’s Liens on Tenant Improvements

Try to encumber the fee or ownership interest instead of the leasehold interest.
March 4, 2019
Steven Nudelman
A direct, contractual relationship between a landlord business owner and a third-party contractor may not be needed for a contractor to file a lien action against the landlord.
Read More
12_2018_nudelman
Legal Pipeline

Forget the Forum, Forget the Arbitration

Insight into how a court might deal with an incomplete arbitration agreement.
December 5, 2018
Steven Nudelman
Every now and then a case with national implications pops up right here in my own backyard (New Jersey). No, we are not talking about a case affecting immigration policy, gun control or the midterm elections. Instead, we are talking about the less glitzy subject of arbitration agreements.
Read More
pe10_18_nudelman
Legal Pipeline

Be Wary of the Waiver

The importance of understanding cardinal change and consequential damage provisions in a subcontract.
October 5, 2018
Steven Nudelman
The waiver of consequential damages clause in a contract, be it for construction or professional services, is a risk-shifting provision that has value to both parties to the contract and it should be negotiated.
Read More
phc09_nudelman
Legal Pipeline

The Statute of Repose and Product Manufacturers

The application depends on state law and the nature of the product.
September 10, 2018
Steven Nudelman
The statute of repose is often confused with another, more common statutory defense, the statute of limitations. Both statutes provide a defense to claims based on time. After that, they bear little resemblance to each other.
Read More
phc07_2018_nudelman
Legal Pipeline

‘Remember the Architect!’

Contractor claims against architects on commercial projects appear to be on the rise.
July 8, 2018
Steven Nudelman
“Remember the Architect!” While it may not be as catchy as “Remember the Alamo!” at the Battle of San Jacinto, the phrase about design professionals is probably more relevant to your day-to-day business.
Read More
Legal Showdown
Legal Pipeline

Specification Etiquette

Court examines engineer’s conduct in rejecting proposed “or-equal” product in specifications.
June 26, 2018
Steven Nudelman
What are the legal ins and outs of rejecting an “or-equal” product?
Read More
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
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
Contractors on design-build projects should look to one of construction’s most nuanced cases to date.
Read More
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