I have been thinking of launching a leadership mastermind for construction professionals. And this idea came to me over the past month as the world basically came to a complete halt—except for the construction industry,...more
Many jurisdictions have allowed construction activities to continue through the COVID-19 pandemic. But the “stay at home” restrictions have varied from a state to state....more
In response to the COVID-19 Coronavirus pandemic, Treasury Secretary Steven Mnuchin announced Tuesday that Americans will have until July 15th to pay their 2019 federal income taxes—and without penalties or interest. No...more
Contractor licensing violations raise serious concerns for all parties. For an owner, an unlicensed contractor may affect financing options on one end and the contractor’s entitlement to recover profits on the other end....more
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
It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (preferably by an expert) to establish or to challenge entitlement to the damages sought. And we all know...more
It kind of goes without saying, but you should probably bring your expert to a dispute if there is going to be a battle of the experts. One contractor recently learned this lesson to the tune of $65,000....more
12/9/2019
/ Appeals ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
Damages ,
Delays ,
Expert Witness ,
Federal Contractors ,
Litigation Strategies ,
Renovations
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
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
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
Do you think that there is a difference between “furnishing” labor and “performing” labor? (Is there a difference between Godiva chocolate and Palmer’s?) Well, the Court of Civil Appeals of Oklahoma recently held that...more
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
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