In VVM Builders, LLC v. Atkins Construction Group, LLC, No. CV195021541S (Oct. 31, 2019), the Superior Court of Connecticut squarely addressed this precise issue in a case involving a change order dispute between a contractor...more
11/26/2019
/ Arbitration ,
Arbitration Awards ,
Change Orders ,
Construction Contracts ,
Construction Disputes ,
Construction Project ,
Contract Terms ,
Damages ,
General Contractors ,
Invoices ,
Motion to Confirm ,
Notice and Demand For Payment ,
Subcontractors
I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. Here’s what I...more
Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. Whether the...more
A court recently held that the type of contract delivery method did not change the applicability of the differing site conditions clause.
Appeal of John C. Grimberg Co., Inc., ASBCA No. 58791 (Oct. 25, 2018) involved the...more
Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of...more
A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting....more
11/19/2019
/ Claim Procedures ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Claims ,
Discovery ,
E-Signatures ,
Electronic Communications ,
Litigation Strategies ,
Miller Act ,
Notice Requirements
There is objection evidence. There is subjective evidence. And sometimes, it is a combination of both A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a...more
11/15/2019
/ Construction Contracts ,
Construction Defects ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Termination ,
Contract Terms ,
Department of Defense (DOD) ,
Federal Contractors ,
Termination for Default ,
Timely Project Completion ,
US Air Force
Given the amount of leftover Halloween candy in our house, you bet that I can make some deals with my kiddos: “If you do this, I will give you some candy” … or … “If you don’t stop doing this … I won’t give you any candy.”...more
11/6/2019
/ Construction Contracts ,
Construction Disputes ,
Construction Project ,
Contract Terms ,
Delay Claims ,
General Contractors ,
Non-Payment Clauses ,
Prompt Payment ,
Retainage ,
Statutory Violations ,
Subcontractors
Owners in Tennessee are celebrating a new law recently passed because they may get their icing, too! The new statute, signed into in May 2018, immediately created a cause of action providing for remedies for the successful...more
When we think of delays on a construction project, the first inquiry is to identify the turtle—the one party holding up progress or causing the delay. Many times, the parties’ contract will dictate whether the contractor can...more
9/5/2018
/ Architects ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contract Terms ,
General Contractors ,
Miami ,
Motion for Summary Judgment ,
Municipalities ,
No Damage For Delay ,
Public Projects ,
Renovations ,
Reversal ,
Waiver of Rights
The rule relating to the effect of a contractor who exceeds its licensing limit is now clear based upon the decision in Clayton Pickens v. John R. Underwood (Tenn. Ct. App. June 12, 2018). In that case, the dispute was...more
In construction contracts, “active interference” is a recognized exception to the enforcement of what is known as a “no damages for delay” clause. This type of provision seeks to preclude any increased costs associated with...more
Contractors make mistakes with words. Contractors make mistakes with numbers. And sometimes, a mistake with words leads to a mistake with numbers....more
Last week marked the end of Construction Safety Week 2018, a combined effort by the Construction Industry Safety (CISI) group and the Incident and Injury Free (IIF) CEO Forum. ...more
I forgot how much fun it was playing family board games as a child. We recently dusted off some of the oldies like Sorry, Life and Monopoly to play with the kids. I laughed uncontrollably the first time I got to say, “Go...more
Last weekend we played Speak-Out: Kids versus Parents, a game where you use a plastic thingy to obstruct your speech capabilities. The winning team is the one that guesses the most phrases. Reading and understanding an...more
Long before I was an attorney, I heard this tale that if you endorsed a check that had the words “PAID IN FULL” written on the check, then you were accepting the check as full payment of what was owed. But I had never really...more
I read in my Twitter feed this morning about a recent case where the Missouri Court of Appeals formally adopted the Spearin Doctrine.
I immediately wondered if I could explain the Spearin Doctrine in less than 140...more
Most experts say that the construction industry will experience slow and continued growth throughout the new year. For example, according to Dodge Data & Analytics, construction in 2017 is anticipated to see moderate job...more
Like many of you, I stayed up late on Tuesday night / Wednesday morning to watch the 2016 election returns. I dragged myself into the office after only a few hours of sleep and my phone was immediately ringing. Some clients....more
11/11/2016
/ Affordable Care Act ,
Airports ,
Bridges ,
Construction Industry ,
Construction Project ,
Critical Infrastructure Sectors ,
Day Laborers ,
Employee Benefits ,
Federal Contractors ,
Health Insurance ,
Healthcare ,
Highways ,
Immigrants ,
Immigration Reform ,
Minimum Wage ,
OSHA ,
Roads ,
Transportation Industry ,
Undocumented Immigrants ,
Wage and Hour ,
Workplace Safety
This past week, I came to a complete mess in our backyard—it was littered with debris, trash, plates and utensils, and overturn patio furniture. My instruction to the kids yesterday morning was stern: “Clean up this mess by...more
I previously blogged about the importance of using daily reports to prove construction claims.
In addition to daily reports, the following records should be prepared and maintained in the normal course of business to...more
Many delay, disruption, and loss of productivity claims are lost or substantially reduced in value because mistakes, errors and carelessness are reflected in the original schedule and plan of operations. The original schedule...more
Last month, authorities in Suffolk, Virginia were investigating a construction site where human bones were found. Forensic experts were called in to excavate the site and determine whether they were recent or from an old...more
Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please...more
6/22/2016
/ Business Disruption ,
Condition Precedent ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Delay Claims ,
General Contractors ,
No Damage For Delay ,
Notice Provisions ,
NY Supreme Court ,
Public Contracts ,
Subcontractors