In a world of texts, email and Siri, you should be careful about the impact of the words you write. Remember that case where a court found that a string of text messages can form a binding contract? ...more
6/4/2019
/ Best Practices ,
Binding Agreements ,
Binding Contractual Rules ,
Business Litigation ,
Construction Contracts ,
Contract Terms ,
Email ,
Lehman Brothers ,
Mediation ,
Settlement Agreements ,
Text Messages
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
We live in a world of e-mails, IMs, texts, Snapchats, Instagrams and the occasional fax. Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called...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
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
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
When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you...more
11/5/2015
/ Construction Contracts ,
Construction Defects ,
Construction Industry ,
Contract Terms ,
Contractors ,
Delay Claims ,
Insurance Brokers ,
Insurance Contracts ,
Insurance Industry ,
Late Payments ,
Work Schedules