In life, rejection is often hard to swallow. In construction, that rejection can sometimes amount to millions of dollars. A Massachusetts court recently held that an owner’s rejection of the contractor’s payment...more
My commute home last night took longer than usual. It was not excessive traffic, an accident, or a stalled car. Rather, the cause of my delayed commute was a turtle: one single turtle crossing the road, holding up about 30...more
Virginia has joined 11 other states that have expressly prohibited “pay if paid” clauses in construction contracts. If you have construction projects in Virginia, then read on. If you want know whether your state prohibits...more
6/15/2022
/ Condition Precedent ,
Construction Contracts ,
Construction Project ,
Contract Terms ,
Contractors ,
New Legislation ,
Pay if Paid ,
Pay When Paid ,
Prompt Payment ,
Regulatory Reform ,
Subcontractors ,
Virginia
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
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
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