What an interesting day… This morning I had an email newsletter from Joe Lstiburek of Builder Science Corp that started; “Sometimes, in order to do the right thing you have to do “a workaround.” I love the “I-Codes.” But they can drive you crazy. I love them because most of the time they are right.
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For those of you who were following our Tweets from the IBS in Orlando you might have caught this picture of a product that simply stopped me in my tracks. The reason – well I knew I had just stepped onto a concrete paver display but yet, it didn’t feel like a concrete paver. Upon
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One of the largest groups for construction lawyers is the American Bar Association’s Forum on the Construction Industry.  In the weeks leading up to to the Forum’s 2012 annual meeting in Las Vegas, Nevada last month, a number of construction attorneys and I were feverishly reviewing submissions for Division 10′s annual Construction Law Update.  The document is a compilation of cases and legislation affecting the construction industry.  The updates are provided throughout the year by attorneys all over the country.  This year, Division 10 released its 6th Annual Update. 

The following are examples of the types of information that you will find in the Construction Law Update: Cases and Legislation Affecting the Construction Industry (2011-12):

• Senate Bill Number 59, Alabama 2011 Regular Session. The bill amends §§ 6-5-221, 6-5-222, 6-5-225 and 6-5-227, Code of Alabama, 1975, reducing the statute of repose for actions against an architect, engineer or builder from 13 years to 7 years from the substantial completion of the construction of an improvement on or to real property. This Bill will become effective upon signature and approval by Governor Robert Bentley.
• In William Smith v. Krishna Pinnamaneni et al., 2011 Ariz.App. LEXIS 59, 607 Ariz.Adv.Rep. 35, (2011), the Arizona Court of Appeals held that the defense of lack of licensure could be waived if not timely and appropriately raised in an arbitration proceeding. Accordingly, the Court rejected defendants’ claims that the plaintiff contractor was not appropriately licensed and therefore was precluded by statute from pursuing its affirmative claim when defendants first raised the defense after plaintiff moved to confirm the arbitration award. The Court noted that contracts executed by unlicensed contractors are voidable, not void, and that unlicensed contracting constituted an affirmative defense that could be waived like any other affirmative defense.
• In Midwest Asphalt Coating Inc. v. Chelsea Plaza Homes Inc, 45 Kan.App.2d 119, 243 P.3d 1106 (Kan.App. 2010), the Court reaffirmed that claims for breach of contract and quantum meruit are mutually exclusive and a quantum meruit claim is permitted only if the contract is unenforceable. Additinally, pursuant to Kansas Fairness in Construction Act (K.S.A. §§ 16-1805 and 16-1806) attorney fees and costs are recoverable only if “undisputed” sums are not timely paid. Here there was a dispute if the work was completed and thus the amount owed was disputed. The Court also reasoned that even if it was a quantum meruit claim the amount was not liquidated or still in dispute until an award was made and thus fees are not recoverable.
• In Voigt Consultants, LLC v. Plymouth Crossroads Station, LLC, 2011 WL 1119697 (Minn. Ct. App. March 29, 2011), the court held that, in order for a mechanic’s lien to have priority, a mortgage holder must have actual notice that the lien claimant had not been paid. Moreover, the mortgage holder has no affirmative duty to inquire about whether the mechanic’s lien claimant has been paid in full.

There are updates from all over the country.  In addition, we have included references to recent federal legislation that affects the construction industry. If you would like a copy of the Construction Law Update, all you have to do is the following:

1. First, go to the ABA Forum’s main website
2. Then,  look to the left column and connect with the Forum via Facebook LinkedIn, or Twitter
3. Finally, send me an email saying which you did.

If you would like copies of the past year’s updates, please see my Resources, Articles, Presentations page.

As mentioned in last week’s Safety Sunday article the ICC (International Code Council) which is promoting this year’s International Building Safety month broke it into 4 distinct topics. This week’s topic is focused on Disaster Safety & Mitigation which I highly recommend you check out as it is quite extensive. Below is a copy of their
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It seems like the first thing off everyone’s lip before hiring a contractor to work on a house is “make sure they are licensed”. Well would it surprise you that 15 states do not require one to be licensed, another 6 states require it only if you are doing $10,000 of work or more on [...]

Let’s Blog Off, June 22nd 2010 – May 8th, 2012, after 48 topics with 800+ posts contributed by a 134 different contributors the Let’s Blog Off will officially be laid to rest tonight at 9PM EST when the proud parents Gerard & Paul pull the plug. While its rise was like a rocket, it unfortunately
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May is quiet an interesting month – one of the most notable items is it’s the only month in the year where the first lands on a day not shared by any other month & the same also applies to the last day. So for example, in 2012 no other month starts on a Tuesday
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For many the most dependable thing in the world is turning the tap on & hearing the water splashing out. Ahhh the confusion & downright panic that sets in when you turn it on & get…. Nothing?!? While I can handle the toilet being unable to flush, not having my coffee or shower… Fortunately, for
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You will rarely find me advertising on this blog.  However, since I have received numerous inquiries about my presentation at the AGC National Conference in Honolulu last month, I am pleased to announce that I will be doing a similar Webinar tomorrow, Wednesday, May 2, 2012 at 1:00pm EST. 

You can learn best practices for documentation and record management in this 90-minute webinar — From Paper to Paperless: Controlling Construction Documentation, Improving Record Management and Identifying Risk in an Electronic Age. This interactive program will provide you with guidance to help you develop effective procedures for documenting your projects, including the transformation to the paperless project. You’ll get answers to your pressing questions about electronic evidence on a construction project, including the legal issues surrounding social media. This course will explore:

• Why are proper records so essential for claims and disputes?
• “Putting it in writing” rule – what should you record?
• What is the hearsay rule?
• Critical project documentation – what you absolutely need to document; and non-critical documentation – what you don’t need to document
• How to use project management software and Web-based capabilities to move towards a paperless project, establish good audit trail and consolidate project documentation
• Are electronic documents subject to the same discovery rules as paper documents?
• Is a written instruction via e-mail the same as a change order?
• How do social media platforms (Twitter, Facebook, MySpace) affect your project? Do you need a social media policy for your employees?
• AND MUCH, MUCH MORE!

To register and receive a special blogger’s discount, follow this link.

In conjunction with NADRA, Fiberon & many other fine organizations & companies, we at AlaGBS ~ SLS Construction would like to remind you that May is National Deck Safety Month & encourage you to check your deck. This year Fiberon has created a great looking infographic that we would like to share with you. May
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