Supplemental Conditions

Monthly Archives: February 2013

Arbitrating Construction Defect Claims

Posted in Construction Defects, Contracts

The headline of a recent article on Lexology grabbed my attention:  “How to Guarantee the HOA Can’t Litigate the Condo Construction Defect Claims.”  The authors’ means to preventing litigation of construction defect claims was even more intriguing: arbitration clauses. How can arbitration clauses guarantee that no ligation over construction defect claims occurs?  It can’t.  Arbitration is litigation… Continue Reading

The Number One Thing Contractors Should Know About Condominium Construction

Posted in Contracts

The number one thing that a contractor bidding on a condominium project should know is actually two things: your client will  not occupy the structure you are building; and is trying to divest itself of ownership of what your are building as quickly as possible. There is probably no other project that you will build… Continue Reading

How to Appeal a DBE Certification Denial

Posted in Public Contracts

A contractor denied a DBE certification by a State unified certification program approved by the Department of Transportation has the right to appeal the denial to the Department of Transportation.  Contractors who have seen their certification revoked can file a similar appeal. Appeals are taken to the Department of Transportation, Office of Civil Rights and must… Continue Reading

Construction Defect Litigation: The Defenses

Posted in Construction Defects, Construction Law

Last week, I gave an overview of the claims typically raised in a construction defect case.  This week we look at the defenses that a defendant in a construction defect case can raise.  Typically, there are three categories of defenses a defendant in a construction defect case may be able to raise: Contractual; Statutory; and… Continue Reading