Posted In:
Construction Contracting & Disputes and Real Estate
Industry:
Construction
RE&C In Review: Pressing Pause and Pressing Stop - The Strategic Use of Contractual Suspension and Termination Rights
By James T. Dixon on March 15, 2021
Article 7 of the American Institute of Architect's form A101-2017 Agreement Between Owner and Contractor (the Agreement) refers to Article 14 of the A201-2017 General Conditions for the terms governing termination or suspension. Beginning with the Contractor's right to terminate work, a Contractor may do so in very limited circumstances and only after giving proper written notice. One of those circumstances is when an Owner's failure to live up to one of its contractual obligations stops the work for 60 consecutive days....
Posted In:
Real Estate
Industry:
Construction
RE&C In Review: Crossing the Line - Contractor Liability and Mechanic's Liens
By James T. Dixon & Sarah M. Sears (Summer Associate) on January 25, 2021
On those occasions when a contractor must record a mechanic's lien, the response from the property owner often involves an immediate claim that the lien is invalid or even slanderous. It is important, then, for contractors to have an understanding of the contours of the claims owners rely upon, not only to understand what the owner is communicating when it makes the claim, but also to understand the line between a valid lien and one that exposes the contractor to liability. To provide that understanding, this article summarizes the law in the four most populous states....