EDITOR'S NOTES | Volume 7 - Number 4
publication date: Jan 26, 2009
Advertising jingles can be very powerful memory tools. For example, you’ve undoubtedly heard (and hummed), “You deserve a break today … at McDonalds.” The ad jingled its way to saturation more than 30 years ago, but we still remember it. Here’s another classic that first hit airwaves in 1981: “Be all that you can be” (U.S. Army). How legally credible are ad jingles and their associated promises? For example, if your bank proudly declares, “You concentrate on your dream. We’ll take care of everything else,” does that create a fiduciary relationship? For one couple, their trust in that very advertisement led them down an expensive road that dead-ended with a defaulted construction contract and a near $1 million debt. Did the ad promise stand up in court? No, it did not. The bank’s role in the construction process was self-serving. In no way did it promise to protect the couple from defective contract work.
This week’s second case is a second appeal of a case we presented several years ago. Following the terrorist attacks in 2001, all non-essential contractors were barred access to many military installations. Though exceptions were made to certain vendors, work suspensions did not merit compensation because the temporary shutdowns were a result of a sovereign act.
And third, an agreement between an owner and prime contractor at the inception of the contract effectively terminates all parties’ rights to file mechanic’s liens. A subcontractor’s timely mechanic’s lien is subsequently dismissed because of it.
This page is available to members only.
To subscribe, click
here
Construction Claims Online Features and Benefits
Whether your role in the construction claims process is as a building owner, designer, contractor, facility manager, attorney or consultant, you will want to keep up with the latest developments in construction law, federal and state policy, construction process and best practices.
Whether you sign up for our free or paid content, Construction Claims Online provides information you need to achieve successful outcomes for project issues and your clients' best interests.
Avoid costly errors by understanding how the boards and courts look at typical disputes situations.
Achieve successful project outcomes.
Defend against unsubstantiated claims.
Reduce or eliminate risks.
