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Legal

 
We Don't Want You Anymore
by
Gerard W. Ittig
| November 2009
| under
  • Your Business

It seems basic that when two parties enter into a construction contract, they are both bound to perform as agreed. Neither side has the right to walk away from the commitment unless there are exceptional circumstances, none of them good.

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Rust on the Crown
by
Gerard W. Ittig
| July 2009
| under
  • Your Business

The phrase, "The king can do no wrong," may sound quaint today. It means a citizen cannot sue the sovereign, even if the king is wrong. This is called sovereign immunity. In American legal parlance, the sovereign is the government.

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The Greening of America
by
Timothy R. Hughes
| June 2009
| under
  • Miscellaneous

The "greening of America” is taking on a different meaning than in 1970, when Charles Reich first published his book of that title. Jurisdictions throughout the country are grappling with efforts to reduce negative impacts of our built environment. Membership in the U.S.

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A Case of Defective Drawings
by
Gerard W. Ittig
| March 2009
| under
  • Your Business

“It is undisputed that virtually all of the drawings and specifications … contained substantial errors, conflicts and discrepancies, which rendered them unusable for the construction of the project … .” Eaton Electric Inc. v. Dormitory Authority of the State of New York, (N.Y.

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The Mold Threat
by
Timothy R. Hughes
| February 2009
| under
  • Your Business

Mold litigation has occasionally been described as the next asbestos by some impressed by the potential widespread claims and potential personal injury-related damages. Other commentators have pointed to hurdles faced by plaintiffs in getting medical testimony in front of juries.

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Don't Worry, I'll Take Care of You
by
Gerard W. Ittig
| January 2009
| under
  • Your Business

Example 1: During a push to get a new department store finished, the owner changes lighting layouts. He also decides to expand a storage area. No new drawings are issued, and the owner’s representative tells you to go ahead on verbal instructions.

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Watch What You Sign
by
Timothy R. Hughes
| December 2008
| under
  • Your Business

My law firm recently defended a title company and its settlement agent in a case involving allegations of predatory lending. It emphasized a few important points. First, written contracts matter. Second, they matter perhaps far more than individuals understand.

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Mother Nature's Legal Teeth
by
Gerard W. Ittig
| November 2008
| under
  • Miscellaneous

At a recent construction law conference, a speaker from the Attorney General’s Office of Maryland talked about criminal laws applicable to construction and contractors.

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Exploring Uncharted Waters
by
Alison R. Mullins
| October 2008
| under
  • Your Business

The movement for green building is charging ahead so fast the law surrounding this type of construction has not been able to keep up and remains largely uncharted territory. It is difficult to predict which standard will rule and how the court will interpret that standard.

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Just Passin' Through
by
Gerard W. Ittig
| September 2008
| under
  • Miscellaneous

When a subcontractor is not paid, the first questions asked are, “Who is a friend? Who is an enemy?” Do you sue everyone, or do you join forces? The subcontractor’s decision can have long-range consequences.

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Documenting Changes
by
Alison R. Mullins
| August 2008
| under
  • Your Business

In October 2007, the American Institute of Architects (AIA) released revisions to its Contract Documents templates. The AIA previously updated the documents in 1997. You should be aware of five areas of significant changes made to A201—General Conditions of the Contract for Construction.

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The Butterfly Effect
by
Gerard W. Ittig
| July 2008
| under
  • Your Business

There is an expression: "You cannot change just one thing.” This aphorism makes logical sense, particularly with regard to change orders in a construction project.

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Going Once, Going Twice ...
by
Alison R. Mullins
| June 2008
| under
  • Your Business

Government contract bidding and negotiation are complex processes. Competitive bidding is the dominant model used to make labor and material selections for the majority of government construction projects.

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In Praise of the Bar Chart
by
Gerard W. Ittig
| May 2008
| under
  • Your Business

Einstein's fame rests, in part, on his discovery that time is a variable dimension. Contractors have always known this fact.

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When the GC's Acceptance Is a Rejection
by
Gerard W. Ittig
| March 2008
| under
  • Your Business

Waiver and estoppel are two different equitable concepts that lead to the same result. With waiver, a person’s actions result in the loss (a waiver) of a right. With estoppel, the right continues to exist, but it cannot be used. In both instances, the law is trying to do what is fair.

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Waivers of Subrogation
by
Alison R. Mullins
| February 2008
| under
  • Your Business

What is a waiver of subrogation? Its provisions are poorly understood and often ignored, but they can be absolutely critical to protecting your business interests. In order to understand the meaning of the waiver, you must first grasp the basic concept of subrogation.

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A Case to Test Your Judgment
by
Gerard W. Ittig
| January 2008
| under
  • Your Business

How often have you told yourself, if I had it to do over, I would have done things differently? My thinking is that hindsight is 50/50, because the correct answer isn’t always clear. Even so, when I read the court’s opinion in St. Paul Fire and Marine Ins. Co. v.

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The False Claims Boomerang
by
Gerard W. Ittig
| November 2007
| under
  • Your Business

Daewoo Engineering & Construction Company versus United States, 73 Fed. Ct. 547 (2006) involved a claim for excess costs on an Army Corps of Engineers project. A lengthy trial resulted in an award of $50 million against Daewoo for fraud.

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Pass & Seymour/Legrand Files Patent Infringement Complaints
October 2007
| under
  • Your Business

Pass & Seymour/Legrand (P&S) filed a complaint on Aug. 16, 2007, with the U.S. International Trade Commission (ITC) concerning ground-fault circuit interrupters (GFCIs). The complaint alleges infringement of six U.S.

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DHS Announces Campaign Against Illegal Immigrant Workers
by
Jeff Kohmstedt
| October 2007
| under
  • Your Business

The Department of Homeland Security (DHS) has announced a massive regulatory and enforcement campaign to address the hiring of illegal immigrants. Its complex collection of rules sets out to make businesses more responsible for their hiring practices in the wake of increased threats from abroad.

READ MORE

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IDEAL Gives Away First of Four SignalTEK II Cable Qualifiers
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