One of the most important pieces of information to anyone making a claim in court is the “statute of limitations” that applies to their particular claim. The statute of limitations period is the time during which a claim can be made in court and is imposed by law to avoid litigation of claims long after the acts in question occurred, when memories have faded and records have been destroyed or discarded. The importance of the statute of limitations cannot be understated because, as a general matter, if a party is too late in bringing its claim in court, it loses

Many construction contracts contain “boilerplate” language that does not seem to have anything to do with the actual work that a contractor has to perform. However, these “boilerplate” sections can have a tremendous impact on the contract’s scope of work. Therefore, to protect themselves against unpleasant surprises on the jobsite (or in court trying to collect on a claim) contractors are well-served to read the “boilerplate” so that they fully understand the scope of work that they are binding themselves to perform by signing a contract. ANGELILLO However, careful contractors cannot stop there. In many instances, in one simple sentence,

We need a build-out. We need a buildup. We need a national makeover. But we must make certain that every bailout dollar, which we’re borrowing from our kids’ future, is spent wisely. So opined New York Times columnist Thomas Friedman on Dec. 24 on then President-elect Obama’s proposed stimulus package. Slide Show Source: Robert Wible & Associates Potential Annual Private Sectors Streamlining Savings in Regulatory Costs ENR readers know only too well the need for a build-up, especially of the nation’s long-neglected infrastructure. Elected officials know this as well, and everyone has their own list of “shovel-ready” projects worthy of

Who is responsible if a contractor damages the property adjacent to a construction project? In many instances, the contractor is responsible and must “indemnify” the project owner against any claims for such damage. However, a recent case decided by New York State’s highest court has highlighted important limitations of two standard contract provisions involving these types of claims. In the case, Watral & Sons, Inc. v. OC Riverhead 58 LLC, the Court found that a contractor was not responsible for “economic” damage that allegedly occurred at the property adjacent to a construction project as a result of the construction. ANGELILLO

The most important document determining a construction contractor’s legal rights and remedies is its contract.  The law gives contracting parties tremendous flexibility to craft their contract as they see fit and, generally, the courts will enforce a mutually-agreed contract according to its terms.  However, a recent case in Nassau County highlights that, in doing so, the law also allows parties to waive important legal rights as part of their agreement, including the right to claim certain monetary damages if the contract is breached.         ANGELILLO In the case, R & J Construction Corp. v. E.W. Howell Company, Inc., decided in