Year: 2015
Who Grants Access to Tenant Space in Neighboring Building?
In many instances a developer or owner doing work to its property may need to gain access to the neighboring property for the protection thereof during the construction. Such access may include installing physical protection measures but may also include access for a...
SPONSOR ACE IN THE HOLE: THE INDEMNIFICATION CLAIM
In the usual case, claims by a sponsor against a construction manager or contractor ("contractor") for construction defects in a condominium building are subject to the six (6) year statute of limitations for contract claims, which starts to run from the date the...
When a Lien Waiver is Not Enough
One of the key protective documents for Owners during the course of construction is the lien waiver. A lien waiver is a signed document from a contractor, subcontractor, materialman, equipment lessor or other party to the construction project stating they have...
No Damages for Delay Clause Found to be Enforceable, Despite 22 Month Project Delay
Although it is settled law that a no-damages-for-delay clause which exculpates a contractor from liability for damages resulting from delays in the performance of the work is generally enforceable, various courts have applied the exceptions enunciated by the Court of...