Do You Have a Backup? Building Redundancies Into Your Written Certification Process
Top Employment Law Considerations for Startups, with Ashley K Pittman
Prompt Payments: How CASPA and Other State Laws Afford Contractors Protections
Coronavirus, An Unforeseeable Circumstance: Does Your Contract Protect You Under Force Majeure Clauses?
Coronavirus Employment Law Update for Contractors (New Jersey)
Coronavirus Employment Law Update for Contractors (Pennsylvania)
Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider
Episode 25: 10 Factors That May Hinder a Contractor’s Ability to Repay Its Bank Loans and Threaten Its Existence
Common Missteps When Suing the State of New Jersey and How to Prevent Them
[WEBINAR] Labor & Employment Law: What Changed in 2017
Teaming Arrangements: Pros and Cons of Teaming Agreements vs. Joint Ventures
Suspension and Debarment
Employment Law This Week®: EEOC Online Public Portal, Paid Sick Leave Preemption Law, DOL to Appeal Texas Ruling, California Law Makes Contractors Jointly Liable for Their Subs’ Unpaid Wages
Award Protests: Choosing the Forum
Federal Cybersecurity Requirements
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
Construction Lien Law: What You Need to Know to Protect Your Company
Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses
Today's construction environment demands a lot from contractors who are pulled in multiple directions and whose responsibilities may seem limitless. Beyond performing good work, managing and effectively communicating...more
Many construction contracts require the contractor to obtain a signed change order before performing work that deviates from the original contract scope. But in practice, contractors are often faced with the dilemma of...more
RCW 39.04.360, effective June 6, 2024, sets forth protections and assurances of payment for contractors, subcontractors, and suppliers that perform undisputed changed or additional work on both public and private construction...more
In March 2024, Governor Inslee signed SSB 6192 into law. This amended RCW 39.04.360 to require timely execution of change orders on both public and private construction projects. The amended language, which went into effect...more
Change orders are a fact of life for construction projects. They can be challenging even when the owner and contractor agree on the scope, price, and schedule impacts associated with the change. Change orders are far more...more
A Texas court has rejected a pipeline contractor’s $25 million claim for additional costs based on broad release language include in an executed change order (see Wood Group, USA v. Targa NGL Pipeline Company, LLC, No....more
The Texas legislature has passed House Bill 3485 that may limit owner-directed change orders for owner-directed work. The law takes effect September 1, 2023 for contracts entered into on or after September 1, 2023. The...more
A developer client recently expressed mixed emotions when reflecting on a new project that had been delivered on time and under budget. The investors were happy, and the client had just written a check to the prime contractor...more
During the pandemic it has become common for contractors to submit change orders to owners seeking reimbursement for COVID-19 related expenses and costs. This is especially true for large construction projects. These...more
Parties to construction contracts are often surprised to learn that they are bound to implied unwritten contract obligations in addition to the written terms of their contracts. Courts in the United States began to...more
With construction teams navigating the effects of the COVID-19 pandemic and the world’s material supply chains, securing project performance has perhaps never been at such a premium. If a contractor cannot timely perform, or...more
When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs...more
Sometimes the best advice is the advice we already know, but a timely reminder makes all the difference. In this first blog post of the series, the advice is exactly that. Get the right entities on the dotted lines. ...more
It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual mechanism for managing these changes involves the issuance of a change order....more
On November 6, 2020, the Kentucky Court of Appeals affirmed a trial court’s decision dismissing a contractor’s differing site conditions claim on a sewer replacement project. In TSI Construction, Inc. v. Louisville and...more
Dear YouDig?, We are a subcontractor and we pride ourselves on being ethical and fair in all aspects of our business. Why is it then that we seem to end up getting burned by dishonest, shady, disgusting creeps?...more
Subcontractors and contractors with pending construction contract claims, read your monthly application for payment, lien waiver, and change order forms closely before signing. Failure to do so may result in a costly waiver...more
Every month, contractors, subcontractors, and suppliers submit applications for payment upstream along with a form they are contractually required to execute: a release and waiver of claims or liens, commonly called a “lien...more
Well-drafted, legally-enforceable agreements are key to any construction company’s risk management strategy. This is especially true for subcontracts, which serve as a contractor’s critical tool to coordinate a successful...more
In late July, the West Virginia Purchasing Division of the Department of Administration issued an “emergency rule” that exempts construction contracts from a new law regarding change order approval. This new law, which went...more
Coast Paving & Sealcoating, Inc. v. N. Allegheny Sch. Dist., 111 A.3d 220 (Pa. Commw. Mar. 6, 2015). - North Allegheny School District (“Owner”) hired East Coast Paving & Sealcoating, Inc. (“Contractor”) to pave...more
Recently, in Carnell Constr. Corp. v. Danville Redevelopment & Housing Auth., the federal appellate court covering West Virginia, Virginia and the Carolinas upheld a trial court’s determination that a Virginia statute places...more
The Louisiana Public Works Act prohibits “no damage for delay” clauses in contracts for publicly bid projects. Recently, the State of Louisiana tested the boundaries of that prohibition by including a provision in a public...more
The Cardinal Change Doctrine - The “cardinal change doctrine” is a legal theory pursuant to which a contractor who is presented excessive, cumulative or otherwise material contract change orders has the right to...more
On March 1, 2013, President Obama ordered the implementation of across-the-board cuts – sequestration – primarily directed to military and domestic discretionary spending because the White House and congressional leaders...more