But I was just trying to say thanks
With the trial of Senator Ted Stevens of Alaska in the news and the admission from his friend, the contractor, that he gave Stevens improvements to his...
What good are liens if the bank forecloses?
I have had many columns that touch on the various nuances of mechanic's liens because mechanic's liens are an essential part of the fabric of the world...
Salt in Open Wounds: Liability for Bad Deals
On August 20, 2008, a plaintiff's law firm in New York issued a press release announcing that a class action lawsuit had been filed in federal court in Massachusetts against Perini Corp. on behalf of shareholders who had bought stock between Nov. 2, 2006, and Jan. 17, 2008. ...
What Has Happened to Lien Waivers?
In the course of preparing a more “scholarly” article, I recently learned that the earliest version of a mechanic's lien statute in the U.S. was passed by the Pennsylvania legislature in 1784 — not to attach to real property, however. Neil v. Kinney (Ohio 1860) referenced the Act of 1784 created to protect the rights of shipbuilders in Philadelphia. We have come a long, long way since then. ...
Qualifying for Set-Aside Work is No Easy Task
Some time ago I stopped counting the number of telephone calls I had gotten from contractors who wanted to find a way to qualify as a Minority Business...
What Are You Going to do About the Weather?
In this industry, we get so used to certain issues that we sometimes don't notice when they gradually drift away from where they started. Then, we end up changing the risk allocation between owner and contractor or contractor and subcontractor that we were used to. The way weather is treated in contracts is one of those issues....
In Tough Times, the Tough Protect Themselves
This is not the first economic downturn that most contractors will have experienced. This one, however, seems to have hit construction first rather than other segments of the economy....
Drafting confidentiality, non-compete pacts
Unless you are a one-man operation, your company has to consider the consequences of having an employee leave the firm. The more valuable the employee...
Do you know your insurance requirements?
A contractor who promises in a contract to obtain insurance that he can't get (or chooses not to buy for cost reasons) can be in breach of contract, but this area is so complicated that who ends up being the loser can turn on some pretty technical points....
New contract docs: do they make a difference?
The American Institute of Architects updates its form documents on a regular basis, and the A201 General Conditions (1997 Ed.) were slated for review...
Purchase orders are contracts too
For reasons that I do not understand, most contractors do not think of purchase orders as Often, they purchase equipment and materials for jobs using...
Employee screening raises host of issues
I have been asked by clients about what exposure they have if they hire a person who will go into customers homes without checking to find out that he...
Daily reports can nip problems in the bud
Most general contractors on commercial and public construction projects are required to generate and submit daily reports to their customers. Sometimes...
Arbitration: Do You Want To Use It?
By Susan Linden McGreevy Construction Attorney I know that no one reading this column wants to think about getting into disputes. You just want to concentrate...
What good do employee non-competes do?
IT IS THE UNUSUAL employer that would not want to restrict the ability of its employees to leave the firm and go into competition with it. Beyond just...
Who are you working for?
GETTING NEW BUSINESS is always a challenge, so when the phone rings and you are asked to work for a new customer, your first instinct is generally not...
Know your market, know your laws
I KNOW THAT this column is entitled "McGreevy on Law" and not "McGreevy on Marketing," but bear me out. Many times I have encountered contractors who,...
Drive your driving policy, or walk to poorhouse
A LOOMING INSURANCE crisis has probably already driven one or more of your friendly local competitors out of business. You just haven't heard the details...
Why insurers aren't paying, and you are
I HAVE WRITTEN many columns about indemnity and insurance issues, but I have to write another one because courts, legislatures, insurers and attorneys...
Avoiding construction defect lawsuits
I know how much easier your lives would be if, once you completed your work, you didn't have to look back to it again. That is not the way we operate,...
Is it safe, or not, to let an employee work?
YOUR ELECTED officials and federal agencies in Washington have created a monster with the Americans with Disabilities Act. While well intentioned, it...
Troublesome issues that aren't in your contract
WHEN A CONTRACT arrives in the mail for you to sign, you read it, and take out your pen and start marking it up. Most contractors know bad language for...
Think through partial substantial completion
BY SUSAN LINDEN McGREEVY CONSTRUCTION ATTORNEY ASK THE AVERAGE person what it means to be " substantially complete" and you will probably get an answer...
Is a mechanic's lien worth the trouble?
ONE OF THE MOST valuable tools in a contractor's tool-box, many believe, is his ability to use mechanic's liens to get paid for work. Given the complexities...
Immigration reform puts the burden on you
CONSTRUCTION ATTORNEY IT MIGHT COME as a surprise to many business owners to learn that they have to comply with immigration laws, even if they have never...
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