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Construction Law Comments Topical Index

 
Alternative Dispute Resolution

Mediation and You
Alternative Dispute Resolution - An Update
Trenders in Alternative Dispute Resolution

Arbitration

Arbitration and You
The Effect of Arbitration on Bond Sureties
Chapter 93A Damages in Arbitration

Attorney's Fees

Recovering Attorney's Fees in Construction Cases - When and How?

Backcharges

How to Limit Dispute Over Backcharges

Bankruptcy

Bankruptcy Losers

Bids and Quotations

Quotations - When Do They Become Contracts?
Bidding Private Projects - Withdrawal vs. Enforcement of Bids

C. 93A Claims

Unfair or Deceptive Business Practices
Chapter 93A Damages in Arbitration

Construction Litigation Tips

Daily Job Records
Visual Records
Help Control Your Litigation Costs
Signed Slips
Letters
Document Management

Contracts

Good Faith and Fair Dealing As a Contract Requirement
Contract Provisions Requiring Changes in Writing
Interpreting Contract Language - What Courts Look At
Termination for Convenience - The Risk to Contractors
Flow Down Clauses - Their Purpose and Effect
Involuntary Agreements Not to Sue the Architect
Surety Ratification Agreements - Potential Pitfalls

Damages

Quantum Meruit Recovery
Recovering Against the Designer for Misleading Plans and Specifications
Consequential Damages - What are They and When Recoverable
Contractor's Recovery Where Breach Prevents Full Performanc

Delay Damages

Delay Claims on Public Construction
Delay, Overhead and Eichleay

Indemnification

The Indemnification Trap

Insurance

Builders Risk - Who Needs It?
When Your Insurer Reserves the Right to Disclaim Coverage
Liability Policies - What's an "Additional Insured"?

Liquidated Damages

Liquidated Damages - Not Penalty Damages
Liquidated Damages - An Update

Material Suppliers

Battle of the Forms Round One: What Do You Mean I Can't Recover All My Damages?
Battle of the Forms Round Two: How to Get Your Terms and Keep Theirs Out
Material Suppliers - Bond Insecurity

Mechanic's Liens

The New Massachusetts Lien Law - Better Payment Security on Private Work
Lien Waiver - Too High a Price for Payment
Lien Bonds - Their Use and Purpose
Mechanic's Lien Update

Notice

Contract Notice Provisions - Beware

OSHA

Improving Safety and Surviving OSHA

Overtime

Laws Limiting Overtime on Massachusetts Public Projects

Payment

Payment Provisions That Can Mean No Payment
Joint Checks - Advantages & Dangers
Pay-If-Paid - The Scorecard
Retainage - The Last Most Difficult Payment
Losing the Right to Payment - Failure to Complete Contract Work
When a Check Becomes a Release
The Pitfalls of Payment Releases
Security Options When You've Lost Bond or Lien Rights

Payment Bonds

Bond Security on Federal Jobs - The Miller Act
Payment Bond Security on Public Projects
Bonds provided by Subcontractors on Public Building Projects - Who Benefits?
Payment Security in a Nutshell
Public Work Payment Bonds FAQs

Performance

When Performance Becomes Impossible or Unfeasible - Who Bears the Risk?
Substantial Completion - What You Don't Know Could Cost You

Prevailing Wages

Prevailing Wages - The Risk of Non Compliance

Public Bidding

Public Bid Mistakes - Can the Bid Be Saved?
Withdrawing Bids on Massachusetts Public Projects
Debarment - Cause and Effect
Recent Decisions by the Attorney General on Public Bidding
Bid Protests on Massachusetts Public Projects
Bid Bonds on Public Projects - When Are They Incomplete?
Changes to the Miller Act
Public Construction Reform

Public Construction

Delay Claims on Public Construction
Direct Payments - From Owner to Subcontractor
Appropriations on Public Jobs - Show Me the Money!
Administrative Appeals of Contractor Claims on Public Projects - How Has it Worked for Contractors?
Project Labor Agreements - Their Use and Effect on Public Projects
Penalty Interest for Late Payments on Massachusetts Public Projects
False Claims and Whistleblowers
The Perils of Presenting False Claims on Public Projects
A Contractor's Right to Use Equal Materials on Massachusets Public Projects
Project Labor Agreements - An Update
The Right to Payment for Stored Materials on Public Projects - And the Reality
Public Construction Reform Update

Shop Drawings

Shop Drawings and Material Submittals

Specifications

Ambiguous Specification Requirements - Who Pays?
Proprietary Specifications
The New AIA General Conditions and Subcontract Forms
Supplementary General Conditions - Bidder Beware

Statutes of Limitation

Time Limitations on Lawsuits - How Long Is a Contractor Exposed?

Subsurface Conditions

Differing Site Conditions - What You Don't Know Shouldn't Hurt You

Temporary Heat

Temporary Heat - Who Gets Left in the Cold?

Worker's Compensation

Workers Compensation Premiums - Out of Sight and Out of Control
Worker's Comp. - What Happens When an Employer Fails to Provide Coverage

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