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 BAHV NEWSLETTER ARTICLES 2006
by Thomas S. Tripodianos
- 01-20-2006 -- Late Start not Breach of Contract
Question: Does a general contractor's postponement of the subcontractor's start date for installation of concrete panels on a building to be constructed constitute a breach of the subcontract where the contract requires the subcontractor to perform work "in accordance with the project schedule" developed by the general contractor? Read Response...
- 02-20-2006 -- AIA Contracts
Question: Do you recommend the use of form contracts? Read Response...
- 03-20-2006 -- Lien Waivers
Question: Over the course of the job, Subcontractor submitted a number of invoices for completed work, including work changes, for which Contractor only made partial payments. Read Response...
- 04-18-2006 -- Real Estate Binders
Question: Is a “binder agreement” for the sale and purchase of real property owned by a husband and wife enforceable by purchaser if only the husband signed the agreement? Read Response...
- 05-23-2006 -- Arbitration not Mandatory
Question: Is a mandatory arbitration clause in an agreement between property owners and a contractor engaged by them to manage and direct renovation of their residence enforceable?
Read Response...
- 06-27-06 -- IMPLIED iNDEMNIFICATION
Question: Where the Owner hires an Architect to design and draw the plans and specifications for the project, including the roof construction and the Contractors then contracted with the Subcontractors for roofing materials and provided written specifications on how to install those materials and the Owner sues the Contractors and the Subcontractors for breach of contract and warranty, alleging that the roof was defective can the Contractors assert a claim against the Subcontractors for implied indemnification?
Read Response...
- 08-14-2006 -- Statutory Limitations for Challenging Local Laws
Question: What statutory limitations period applies to an action challenging the validity of a local law? Read Response...
- 09-14-2006 -- Notifying Insurer and Agent
Question: If notice of loss is provided to the individual or entity from who the policy was purchased and that individual or entity accepts the notice of loss on behalf of the insurer have the notice requirements of the policy been satisfied? The policy declarations page, which is a form with spaces to be filled in by the agent or broker when writing a new policy includes a space for "Named Insured and Mailing Address," beneath which the name of the contractor and its address are entered. Adjacent to the space for the named insured and mailing address, the form includes a space for "Agent," next to which an identification number is entered in type, and beneath which the name of the person who sold the policy appears.
Read Response...
- 10-14-2006 -- Restrictive Covenant in Employment Agreement
Question: Is a provision in an employment agreement prohibiting an employee from soliciting the employer's workers during the one year post-employment period enforceable? Read Response...
- 11-14-2006 -- Commercial General Liability
Question: Does a commercial general liability (CGL) insurer have a duty to defend a subcontractor as an additional insured under a sub-subcontractor's policy in an action brought by worker who alleged his injuries were caused by the sub- subcontractor's operations, even if it was uncertain whether any judgment would be within coverage?
Read Response...
- 12-16-06 -- Lessee has no obligation to lessor for defective equipment.
Question: I have a finance-lease contract for equipment which I have personally guaranteed. The deal I negotiated provides that I can return the equipment if I am not satisfied and that I will either be refunded any payment made for the equipment or it will be replaced with equipment that is satisfactory. Either way, I had an unrestricted right of return on the equipment for 60 days after delivery. I was also assured that the warranty would be honored under all circumstances. The equipment has malfunctioned one month after delivery and the leasing company has refused to service same. Accordingly, I have stopped making payments (I’ve made one so far.) The leasing company has declared me in default and demanded all the money due under our agreement and the guaranty as immediately payable. Am I obligated to make payment? What are the leasing companies’ obligations with regards to the defective equipment?
Read Response...
If you would like more information regarding this topic please contact Thomas S. Tripodianos at TTripodianos@wbgllp.com, or call him at 845-294-5500 x317.
Please understand that this column provides general information only, and should not be construed as legal advice to anyone under any circumstances. The author reserves the right to modify any questions submitted so as to broaden their appeal. While we encourage you to contact us, you should not disclose to us any information that you consider confidential unless and until we have formally established an attorney-client relationship, and agreed to represent you in your particular matter. The opinions expressed in this column are of the individual author, and not necessarily those of the Builder’s Association of the Hudson Valley.
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