As many in the construction industry are aware, owners and lenders often require prime contractors, subcontractors, and suppliers to execute sworn statements and lien waiver and release forms as a prerequisite to payment. Many states therefore see it fit to regulate — in varying degrees — what those forms say and look like. Forms that
Kyle M. Doiron
Kyle Doiron represents owners, general contractors, and subcontractors in the many issues that can arise in the field of construction. His practice focuses on assisting clients both before and after problems arise by drafting contracts designed to best position clients to avoid disputes and litigating matters to final resolution if issues do surface.
Quick Thoughts for Construction Contracting: Don’t Overlook the Entities – Part 1
Sometimes the best advice is the advice we already know, but a timely reminder makes all the difference. In this first blog post of the series, the advice is exactly that. Get the right entities on the dotted lines.
You’ve spent weeks negotiating the minutiae of change order procedures, hemming and hawing on completion dates,…
The Impact of the 2020 Tennessee Construction Legislation
After a number of controversial bills proposed from various industry groups over the last few years, the Tennessee construction community came together in 2020 to push through legislation intended to protect members of the construction industry. A cornerstone of that attempt was gaining lien priority – or at least parity – with construction lenders, further…
Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised, including whether a claim is barred by a statute of limitation or, in the case of construction claims, a statute of repose.…