We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 76

The natural effect of recording a lien bond
  • Duane Morris LLP
  • USA
  • April 22 2014

Common sense suggests that when a lien has been bonded off, the owner of the real estate need no longer be a party to the lien claim lawsuit. The


Arbitrator jurisdiction: don’t just talk the talk, but walk the walk
  • Duane Morris LLP
  • USA
  • February 28 2014

Can a party repeatedly object to the arbitrator's jurisdiction, continue in the arbitration process, and then contest the arbitration award after the


Build for the tenant, but lien the landlord's title? Massachusetts Supreme Judicial Court clarifies the standard
  • Duane Morris LLP
  • USA
  • April 19 2011

The Massachusetts Supreme Judicial Court (the "SJC") released a decision on April 13, 2011in Trace Construction v. Dana Barros Sports Complex1that clarifies a contractor's lien rights against a landlord when the contractor performed work for the tenant


Massachusetts Appeals Court invalidates mechanic's liens against condo common areas
  • Duane Morris LLP
  • USA
  • January 11 2012

A Massachusetts Appeals Court decision last month portends far-ranging implications for the construction industry


When the developer can't rely on the owner's engineer
  • Duane Morris LLP
  • USA
  • February 9 2012

The natural give and take between contractors and the design professionals sometimes gives way to litigation revolving around the contractor’s ability to rely on the design professional’s actions


Two insurance lessons, one expected and one not
  • Duane Morris LLP
  • USA
  • June 21 2012

The New York tower crane collapse in 2008 spawned many insurance claims


Statutory payment protection can’t be contracted away
  • Duane Morris LLP
  • USA
  • August 2 2012

The Massachusetts Supreme Judicial Court has held that a subcontractor’s rights to pursue a payment bond required by law on a public project can’t be nullified by contract


Construction accidents and criminal charges rarely mix
  • Duane Morris LLP
  • USA
  • April 26 2012

The acquittal today of crane rental company owner James Lomma, on charges of negligent homicide and manslaughter, brings to a close the third high-profile New York criminal case against construction workers or executives with a not guilty verdict


I need to do what??? (per the contract, or bond, or statute)
  • Duane Morris LLP
  • USA
  • July 11 2012

Courts in two different states this past week issued reminders to the parties, to do just what the contract or bond, or statute says is to be done


Massachusetts appeals court rules on burden of proof for lien claimants
  • Duane Morris LLP
  • USA
  • September 16 2010

Similar to many other states, the Massachusetts lien law has what may be considered a "cram-down" provision, which restricts the value of a lien in certain circumstances