Steven Nudelman

Legal Pipeline

How direct benefits estoppel may impact your commercial construction contracts.

June 1, 2021

To understand direct benefits estoppel and how it may impact your agreements, you may want to consult an attorney. At the very least, read through contracts thoroughly as the plain, unambiguous language of the parties’ agreement is going to trump principles of equity in the law.

Legal Pipeline

The Miller Act Matters to Design Professionals

Although design work itself is not protected, construction administration services provided by the architect or engineer are protected.

April 2, 2021

Steven Nudelman

Contractors and design professionals who work on projects for the federal government must contend with a complex web of federal statutes and regulations

Legal Pipeline

Delays Caused By a Pandemic: Are they Compensable or Excusable?

During the negotiation process, contractors must carefully consider the allocation and of risk, attendant costs and possible delays.

March 8, 2021

Steven Nudelman

To supplement the famous words of Benjamin Franklin, “[I]n this world nothing can be said to certain except death and taxes” — and construction delays.

Legal Pipeline

The Spearin Doctrine: 100-Plus Years Old and Still Going Strong

All parties to construction contracts must be aware of its limits and contours to understand properly their exposure to liability.

December 1, 2020

Steven Nudelman

“Errors and omissions” is a phrase that keeps design professionals awake at night.

Legal Pipeline

Certificate of Merit Failure May Result in Engineer’s Success

The statutes can prevent a plaintiff from bringing a frivolous claim for professional malpractice against a licensed professional.

December 1, 2020

Steven Nudelman

The statutes can prevent a plaintiff from bringing a frivolous claim for professional malpractice against a licensed professional.

Legal Pipeline

Contract Claims and COVID-19

Contractors seeking to collect on construction claims will do well to use an experienced construction attorney to navigate through the process.

August 31, 2020

Steven Nudelman

Contractors seeking to collect on construction claims will do well to use an experienced construction attorney to navigate through the process.

Legal Pipeline

My Office Is in Ohio. Can I Get Sued in Washington, D.C.?

A litigant is well-served looking at substance and procedural issues at the same time, such as whether there is a defense based on lack of jurisdiction.

August 31, 2020

Steven Nudelman

Instead of looking at only the substance first, a litigant is well-served looking at procedural issues at the same time. Lawyers look to see if there is a defense based on lack of jurisdiction.

Legal Pipeline

A Current Look at Force Majeure

In this age of COVID-19, parties to construction contracts (and their legal counsel) need to be mindful of these provisions.

June 1, 2020

Steven Nudelman

The novel coronavirus (COVID-19) has thrown a wrench into the country’s longest stretch of economic growth, threatening the performance and profitability of construction projects in states with restrictive governmental regulations.

Legal Pipeline

The Economic Loss Rule & Design Professionals: An Uncertain Liability Landscape

As the court decisions on this issue are varied, make sure to have an educated conversation with your construction attorney.

March 30, 2020

Steven Nudelman

Can a general contractor, who has suffered only economic harm, recover in negligence against an architect, with whom the contractor has no contractual relationship?