Practical Training for Project Managers & Supervisors Two-Part Webinar Series: Part Two
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
Construction Delays in the Time of Coronavirus: A Legal Perspective
II-30- Tackling 3 Big Wage and Hour Questions for Employers
Employment Law This Week: Wellness Program Regulations, Cumulative Liquidated Damages, ACA Transgender Discrimination Rules, Form I-9
Commercial owners often capitulate when contractors hesitate to agree to liquidated damages for construction project delays. More often than not, owners should demand that contractors accept liquidated damages, in lieu of an...more
Considering all that can go wrong on a construction site, it can seem like a miracle that anything is ever built. Construction projects can be massive undertakings, often with millions of dollars at stake, requiring the...more
A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages. Liquidated damages clauses are a common feature of...more
The High Court has provided guidance on a contractor’s general right to suspend works, the enforceability of liquidated damages upon termination, and the recoverability of financing costs as part of loss of revenue....more
When representing owners on construction contracts, I often ask the owner whether they want to include a liquidated damages provision in the contract. A liquidated damages provision describes an amount of money, agreed upon...more
The purpose of a liquidated damages provision in a construction contract is to establish in advance a fair amount of compensation to the injured party for a breach of contract to avoid spending time and money fighting over...more
The decision to certify as to when the works under construction contracts in the United Kingdom (“UK”) have reached ‘Practical Completion’ (“PC”) can often cause difficulties for the Contract Administrator (“CA”), as the...more
The Philippines construction industry is expected to grow with the introduction of the "Build, Build, Build" initiative and the amendment of a number of laws that would loosen restrictions on foreign investment. The...more
We’ve written before about contractual provisions that sometimes go unnoticed or unappreciated. Another such provision is a “liquidated damages” provision. Liquidated damages are a way to agree beforehand to the amount of...more
In Triple Point Technology v PTT, the Supreme Court of the United Kingdom has restored the orthodox position on how termination prior to completion of work affects the operation of a liquidated damages provision. ...more
In this webinar series, George Pallas and Kathleen Morley present practical tips and training to project managers and supervisors regarding best practices in project management. Using real-life examples, George and Kathleen...more
With society’s increased reliance on working remotely, vis a vis through “the cloud” and need for unfettered amounts of storage and processing power, data centers seem to be popping up almost everywhere you turn. In fact,...more
In this webinar series, George Pallas and Kathleen Morley will present practical tips and training to project managers and supervisors regarding best practices in project management. Using real-life examples, George and...more
Liquidated damages are a sum specified in a contract as the measure of recovery in the event of a breach of the contract. Liquidated damages provisions are common in construction contracts to guard against damages that the...more
The offshore wind sector continues to grow at an unprecedented rate, particularly in Europe, and increasingly in Asia and North America. The construction phase of any project is vulnerable to delay. That is particularly the...more
Most parties on a construction project know that a liquidated damage may be assessed for each day of the delay past a contract completion date. However, in infrastructure and highway contracts, there are many different events...more
D.A. Nolt, Inc. v. The Philadelphia Municipal Authority, 2020 BL 199761 (E.D. Pa. May 28, 2020) - The Philadelphia Municipal Authority (the “Authority”) contracted D.A. Nolt, Inc. (“Nolt”) to renovate a building that would...more
“Time is money.” There are few places where that phrase is truer than in construction, and unfortunately, that truth has been highlighted by the coronavirus pandemic shutting down construction throughout Pennsylvania....more
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
Rad and D’Aprile, Inc. v. Arnell Construction Corp, No. 502464/14, 2019 BL 131606 (NY. Sup. Ct. April 3, 2019) - In June of 2001, Arnell Construction Corp. (“Arnell”) entered into a prime contract to build two sanitation...more
We’ve seen an uptick in out-of-state companies working on construction projects in New Mexico. The following is an overview of some of the nuances of New Mexico construction law about which companies may want to be aware. ...more
• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.” • The Court of Appeal...more
Energy sector participants will be familiar with the law of physics that states energy is neither created nor destroyed but can be converted from one form into another. Fossil fuels in the ground contain chemical energy and...more
Woodrow Wilson Constr. LLC v. Orleans Par. Sch. Bd., 2018 La. App. LEXIS 762 (April 18, 2018) - The Orleans Parish School Board (“OPSB”) awarded a prime contract to Woodrow Wilson Construction (“WWC”) for the construction...more
Letter from the Editor - Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner! In this issue, we highlight several topics affecting the...more