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Evidence Construction Contracts

Saiber LLC

The Saiber Construction Law Column: October/November 2023

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The duty to preserve litigation evidence arises when a party in possession of evidence knows that litigation by a party seeking the evidence is pending or probable, and the party in possession of the evidence can foresee the...more

Miller Nash LLP

What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.

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Construction is a document-intensive industry. Construction disputes are equally document-intensive. Given the critical role of written documentation in preserving and resolving construction claims, it is essential that...more

BCLP

Warning from the U.K. court against rubber-stamping timesheets

BCLP on

The recent U.K. judgment Premier Engineering (Lincoln) Ltd v MW High Tech Projects UK Ltd [2020] EWHC 2484 (TCC) provides some useful practical insights into the court’s approach to handling timesheet evidence and examining...more

Burr & Forman

9 Best Practice Tips for a Schedule Analysis of Construction Delays

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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

Troutman Pepper

New York Appellate Court Holds That Affidavits Can Cure Pleading Defects and Extrinsic Evidence Permitted When Contract Clause Is...

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Servidone, Inc./B. Anthony Constr. Corp., J.V. v. State of New York, No. 2016-05238, 2019 BL 7232 (App. Div., 2d Dept. Jan. 09, 2019) - Servidone, Inc./B. Anthony Construction Corp., J.V. (the “Contractor”) and the New...more

Snell & Wilmer

California Clarifies Subcontractor Substitution Hearing Procedures and Standard of Review

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The new year brings us some clarification regarding due process and sufficiency of the evidence necessary to support a subcontractor substitution on a California public works project. The case of note is JMS Air Conditioning...more

Troutman Pepper

Evidence That Government Internally Considered Additional Modifications After the Parties Had Signed Earlier Modifications May...

Troutman Pepper on

Meridian Eng’g Co. v. United States, 2018 U.S. App. LEXIS 7024 (Fed. Cir., Mar. 20, 2018) - Meridian Engineering Company (“Meridian”) was hired by the United States (“Government”) to construct flood control structures on...more

Bradley Arant Boult Cummings LLP

Recent Decision Underscores the Importance of Keeping Detailed and Accurate Daily Logs

The Armed Services Board of Contract Appeals’ (ASBCA) recent decision in Dick Pacific Constr. Co., Ltd, serves as an important reminder to federal construction contractors that keeping consistent and detailed daily logs is...more

Snell & Wilmer

Under Construction - March 2013

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In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

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