February 12, 2013

Construction Considerations After Winter Storm Nemo

Construction Alert

Preti Flaherty's Construction Law Updates provide news and analysis on issues of interest in the construction industry.

Force Majeure Rights – Winter Storm Nemo Edition

Winter Storm Nemo caused extensive damage and disruption, and delays continue to mount as supply chains have been affected and resources diverted. While many contracts contain force majeure clauses that allow for equitable adjustments in the contract price and schedule, these clauses generally contain strict time limits (often ranging from 24-hours to 10 days) that must be followed. As part of any presentation of, or response to, a force majeure claim, you should carefully consider the amount of time that the contract allows, as well as the level of detail that must be included.

Read Before Signing - Know Your Lien Waivers

Contractors often think of lien waivers as a mere formality that simply waives a contractor's (or subcontractor's) right to lien for the money they are being paid. In some instances, that is exactly what the lien waiver does. However, in many other instances, waivers also go further and require the contractor or subcontractor to waive all claims for payment for work performed prior to that date. Lien waivers are binding contractual documents, and are not mere "receipts" evidencing payment. Understanding the language of a lien waiver is critical to all parties involved in any construction project.

Preti Congratulates Ken Rubinstein on Being Named One of ENR New England's Top 20 Construction Professionals Under 40

ENR New England recently announced its list of the top 20 construction professionals in New England. This list includes executives and leaders from major firms such as Consigli, Gilbane, Jones Lang LaSalle, Kleinfelder, Tocci, and many others.

Preti Flaherty is proud to congratulate our colleague, Ken Rubinstein, for being named to this year's list.

Learn more about Preti Flaherty's Construction Law Group.