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Inherent Limitations in Some Anti-Indemnity Laws

A majority of states have enacted anti-indemnity laws in various forms, protecting subcontractors (in most states with such laws) and prime contractors (in a lesser number of states) from overbroad indemnity clauses. But some clauses target sectors of the construction market and do not apply universally to construction projects. One such limitation featured prominently in…
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A Promise to Pay Doesn’t Extend Lien Deadlines

Mechanic’s lien rights arise from the laws of each state; there is no common-law right to unilaterally lien someone else’s property. As such, compliance with statutory requirements and deadlines is paramount. Thus, when an owner promised to pay a sub, and the sub elected not to pursue lien rights based on that promise, the sub…
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Bad Facts Make Bad Law – Condo Version

Condo bylaws that restrict the ability of a condo board to sue the developer came in a for a beating by the Massachusetts Supreme Judicial Court. While refusing to prohibit all restrictive bylaws, the Massachusetts high court roundly criticized the bylaws in question. Deservedly so. The condo bylaw restricted the ability of the condo board…
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