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Nailing Social Media: The Key to Generating Leads for Construction Companies

Social media has become a powerful tool for small to medium-sized construction companies to generate leads for both residential and commercial projects. With over 3 billion people using social media worldwide, there is a huge...more

Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly

If you are a homebuilder, residential housing developer, construction industry insurer, or any one of the many participants in the industry providing affordable and decent housing for the citizens of South Carolina, you are...more

Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act

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

Not Just An Old Wives’ Tale: Negotiating “Paid In Full” Check Binds Contractor

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

Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers

It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and...more

Double Take: Court Finds That Contractor Waived Owner’s Past (But Not Future) Payment Obligation Failures

In Wickersham Construction and Engineering, Inc. v. The Town of Sudlersville, Maryland (Sept. 22, 2020), the United States District Court for the District of Maryland held that a construction contractor had waived certain...more

Lessons from a Post-COVID19 Construction Lawyer

The last six months have been a whirlwind, especially for this single dad of six school children (who are no longer in school) while I work from home/office/car/jobsite/court....more

Rebuilding for Success: Are You Interested in a Construction Leadership Mastermind?

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

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

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

Owners Can Get Cake and Icing Under New Tennessee Lien Law

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

Disney Dad Reports About New Limitations Period for Construction Claims in Florida

While having nothing to do with Disney nor being a dad, there is a new law in Florida that went into effect on July 1, 2017 that governs the limitations period for actions other than to recover real property. ...more

A Look Ahead at Construction in 2017

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

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