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Doug Hanson

The Punch List provides you with a review of current state and federal cases, as well as legislative and regulatory changes, affecting the construction industry. Some of the topics include contracts, classification of workers, construction bidding, independent contractors, negligence, construction defects, liens, insurance claims, and various other important topics in the industry.  Click on the subscription button below to customize your updates.
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A Contractor Without a License is a Contractor Without a Lawsuit

Friday, 28 June 2013 09:09


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The perils of contracting in the building industry without a license are many. A contractor in South Carolina learned of one—the court refused to enforce his mechanic’s lien. The case arose out of a dispute the contractor had with a married couple looking to build a home.

   

“Flow Down” Provision Gives Mortgage Priority over Mechanic’s Lien

Friday, 28 June 2013 08:00


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“Flow down” clauses are very common in the construction industry. This type of clause typically binds a subcontractor to the general contractor to the same extent the general contractor is bound to the owner. Thus, the agreements between the contractor and owner are said to “flow down” to the subcontractor. Failure to understand such a clause can result in substantial losses.

   

Without cross-examination there would be no Matlock

Friday, 28 June 2013 07:52


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Subjecting an adverse witness to the crucible of cross-examination is a critical right. The deprivation of such a right prevents a party from the possibility of having their “Matlock moment” wherein the adverse witness crumbles under the intense questioning of an attorney and finally reveals the truth. While very rarely as dramatic or revealing, the right to subject a witness to cross-examination is nevertheless an important one. In one recent case, a contractor lost on appeal before the Appellate Court of Connecticut after it was determined that the contractor failed to avail himself to cross-examination in a trial over his mechanic’s lien.

   

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