In BCD Associates., LLC v. Crown Bank, CA No. N15c-11-062 (Super. Ct. Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of...more
7/11/2022
/ Breach of Contract ,
Construction Contracts ,
Construction Loans ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Financial Services Industry ,
Loan Agreements ,
Misrepresentation ,
Promissory Estoppel ,
Real Estate Market ,
Renovations ,
Third-Party Beneficiaries ,
Unjust Enrichment
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, who just “looks like” she’s up to no good. In the world of construction...more
Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more
6/22/2022
/ Armed Services Board of Contract Appeals ,
Business Interruption ,
Construction Contracts ,
Construction Project ,
Contract Disputes ,
Contractual Liability Exclusions ,
Coronavirus/COVID-19 ,
Cost Recovery ,
Federal Contractors ,
Government Shutdown ,
Infectious Diseases ,
Public Health Emergency ,
Public Projects ,
US Air Force
I have seven children, and two of them have flown the coop. I also have two grandchildren who are ripe for spoiling. You see, grandchildren are a different type of kid, which means I get to treat them different than the...more
What’s a goocher? If you saw the movie, Stand By Me, then you know exactly what I mean. And there are times when parties to a construction contract face a goocher. ...more
3/17/2021
/ Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Payment Terms ,
Performance Standards ,
Real Estate Development ,
SD Supreme Court ,
Statutory Interpretation ,
Time Restrictions ,
Timely Project Completion ,
Unenforceable Contract Terms
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 whatever was owed. But I have never...more
If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work...more
9/24/2020
/ Business Disruption ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Damages ,
Delay Claims ,
Public Projects ,
Sovereign Immunity
They say that hindsight is 20/20. Who is they, anyway? The old proverb means that it is easy to understand something after it has already happened. In the world of construction contracts, preservation of claims made in...more
It goes without saying that in the world of construction contracts … words matter! There is language in the Goes decision that a cost-plus contract imposes upon the contractor an implied duty to incur reasonable and proper...more
3/3/2020
/ American Institute of Architects ,
Best Practices ,
Change Orders ,
Construction Contracts ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Termination ,
Contract Terms ,
Failure To Pay ,
Fiduciary Duty ,
Fixed Price Contracts ,
Lump Sum Payments ,
Payment Terms ,
Project Management ,
Prompt Payment ,
Real Estate Development
As you may be aware, one of the greatest risks on a construction project involves the payment process. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a...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
Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties. And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more
11/19/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
CIGNA ,
Construction Contracts ,
Construction Disputes ,
Contract Disputes ,
Contract Terms ,
Depositions ,
Discovery ,
Discovery Disputes ,
Federal Arbitration Act ,
Motion to Compel ,
Non-Parties ,
Summons ,
Third-Party
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
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
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
I previously blogged about the rules relating to pass-through claims, where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In the post, I talked...more
In the construction world, many of us lawyers talk about what is known as a material breach in order to support a termination of the contract. In other words, the event that supports the claim for default or termination or...more