LexisNexis® Legal Newsroom
Texas Court Considers Application of Action Over Exclusion In Construction Injury Claim

n its recent decision in Preferred Contrs. Ins. Co. Risk Retention Group v. Oyoque Masonry, Inc., 2013 U.S. Dist. LEXIS 105386 (S.D. Tex. July 26, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Southern District of Texas had occasion to consider...

Communication is Key to a Smooth Construction Project

I know, the title of this post sounds trite. Who doesn’t communicate? Don’t the subs and general on the project always communicate? Wouldn’t a remodeler be sure to stay up on job progress with a homeowner? In other words, why bother with this post? Everyone knows that without communication...

Think Twice About Heading to Court with a Construction Claim

Here at Construction Law Musings , I have discussed many areas of the law relating to construction claims. Most of this discussion has focuses on the claim itself, whether made by breach of contract lawsuit, payment bond claim or mechanic’s lien . The latter two of these types of claims can and...

No Written Change Orders

By Kevin Rust Most construction contracts have provisions that bar any payment for work outside the scope of the contract unless there is a written change order. All contractual provisions, at least in North Carolina, may be waived. Thus, even if your contract provides that no additional work will be...

2014 California Roundup of Mechanics Lien Decisions: Most Were Pro-Claimant, But Construction Lenders Did Well Too

By Mr. William Michael Hensley Get the latest expert analysis on California mechanics liens cases. This article covers recent cases and their practical implications. Excerpt: Effective on January 1, 2011 and then July 1, 2012, California overhauled the mechanics lien statutes in its most extensive...

Mechanic's Liens: Part 1.Technical Risks

By John Lockard , Partner, Vandeventer Black LLP Virginia law provides for a mechanic lien intended to insure payment to persons who supply labor or materials for construction projects. On first blush, the requirement is simple – to file the mechanic’s lien. But over the years judicial...

Mechanic's Liens: Part 2. Practical Risks

By John Lockard , Partner, Vandeventer Black LLP A mechanic’s lien is a powerful tool to secure payment for construction work. As discussed in the last article, however, there are technical requirements to prepare a mechanic’s lien. Heads Up Sprinkler lost its mechanic’s lien after...

Warranty Provisions Deserve Careful Consideration from Contractors

By Casaundra Maimone , Attorney, Vandeventer Black LLP It goes without saying that a contractor should carefully review all of the proposed terms and negotiate all of the final terms of a construction contract such that the provisions are best tailored to their role on the project. Nonetheless...

The Anatomy of a Construction Dispute Stage 2- Increase the Heat

Last week we discussed the groundwork and circumstances of a construction claim . This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract...