Courts disagree: do mechanic's lien statutes preclude quantum meruit claims?

Article Abstract:

Two courts gave different, conflicting decisions of whether a mechanic's lien statute inhibits a subcontractor from following a quantum meruit claim against the owner. In one case, a New Jersey court decided that a subcontractor could not assert a quantum meruit claim against the owner instead of filing a notice of intention or a stop intention under the state's mechanic's lien law. In another case, a Florida court permitted a subcontractor to assert a quantum meruit claim against the owner even through it did not file a mechanic's lien based on the state's lien statute.

Interpretation and construction, Law, Mechanics' liens, Privity

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What notice is required for an early finish?

Article Abstract:

A general contractor may file for project delay damages in the event that the owner of the structure being built was responsible for the delays and unjustifiably interferes with the contractor's performance. One important factor to consider in this type of situation is the notification of the owner regarding the contractor's early completion. An example of this legal consideration is the case between Rampart Waterblast Inc and the National Park Service which involved the repair of the parking garage at the John F. Kennedy Center for the Performing Arts in Washington, DC.

Public contracts, Government contracts, Government contractors, United States. National Park Service, Rampart Waterblast Inc.

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Designing and contracting for the disabled - another source of liability

Article Abstract:

The Federal Housing Act provides that dwellings should be designed and constructed to be easily accessible to disabled persons but it does not categorically mention the liabilities it entails for architects, engineers and contractors. Subjects of lawsuits have argued that the law covers only those that do both the construction and design of structures. However, the review of two cases shows that the law will be more broadly interpreted in terms of liabilities covering architects and engineers.

Laws, regulations and rules, Housing, Architects, Buildings, Disabled persons, Engineers, Access for the disabled

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