I had an admiralty professor at law school who would often refer to the Justices of the Supreme Court of the United States as … get this … the Supremes! In honor of Professor Jones, today’s post is about the Supremes decision in PPL Montana, LLC v. Montana, where the court declined to expand the definition of “navigable” under federal law.
Continue Reading The Supremes Side with Road Builders in Clean Water Act Case
February 2012
Construction Battlefield? The Importance of the “Story” in Your Construction Claim
By Matthew DeVries on
Posted in Legal Trends
If you end up in court, either pursuing a construction claim or defending a breach of contract claim, your attorney should be a good story-teller. Today’s post talks about the importance of “story” in your claim.
Continue Reading Construction Battlefield? The Importance of the “Story” in Your Construction Claim
Time Out: Dealing with the Automatic Stay of Bankruptcy in Construction Disputes
By Matthew DeVries on
Posted in Legal Trends
Ever heard of a “time out” on a construction project. It usually happens when a party files for bankruptcy protect. Today’s post reviews the “automatic stay” and whether it can be waived by contract.
Continue Reading Time Out: Dealing with the Automatic Stay of Bankruptcy in Construction Disputes
Contractor Asks: Are Pre-Employment Physical Exams Legal? Depends.
By Matthew DeVries on
Posted in Legal Trends
A contractor recently asked me whether a pre-hire health exam is legal? Today’s post discusses my response.
Continue Reading Contractor Asks: Are Pre-Employment Physical Exams Legal? Depends.
Ambiguous Words in a Construction Contract Can LEED to Miscommunication
By Matthew DeVries on
Posted in Project Management
I have my Google reader set to search various blogs, news sites, and Twitter feeds to help me keep current with the latest trends in the construction industry. There remains one major problem: the words we use have different meanings for everyone. Today’s post addresses “ambiguity” in construction contracts.
Continue Reading Ambiguous Words in a Construction Contract Can LEED to Miscommunication
What To Do When Bones Are Found on Your Construction Site?
By Matthew DeVries on
Posted in Best Practices, Project Management
What happens when you find bones or human remains at a construction site? That’s what happened last week on a project in San Mateo, California. Today’s post discusses what you can do……
Continue Reading What To Do When Bones Are Found on Your Construction Site?
Speakers, What To Do When Your Computer Locks During Your Presentation
By Matthew DeVries on
You are giving a presentation. Your computer locks and you feel the sweat trickle on your brow as you hit, CTRL-ALT-DEL. Today’s post talks about how you can recover….
Continue Reading Speakers, What To Do When Your Computer Locks During Your Presentation
Risky Business: What Contractors Need to Know About Alternative Funding for Infrastructure
By Matthew DeVries on
Posted in Federal Construction
In the absence of a new transportation policy, investment in infrastructure is largely left to alternative sources of funding, such as Public Private Partnerships (PPPs). With all the buzz about PPPs, contractors should first learn the “basics” about alternative financing and then appreciate the risks.
Continue Reading Risky Business: What Contractors Need to Know About Alternative Funding for Infrastructure
Writing on the Wall: Handling Unexpected Issues on a Construction Project
By Matthew DeVries on
Posted in Best Practices, Claims and Disputes
The “hand writing on the wall” is a sign of doom or misfortune. When something goes bad on a construction project, you have many choices. Today’s post focuses on the best practice of finding a solution first and pointing the finger later.
Continue Reading Writing on the Wall: Handling Unexpected Issues on a Construction Project
Measured Mile: How Contractors Can Recover for Lost Productivity
By Matthew DeVries on
When contractors seek additional compensation for changes, differing site conditions or other delays, they must convince the DOT or court of the amount they are entitled to be paid. Today’s post discusses one approach to recovery.
Continue Reading Measured Mile: How Contractors Can Recover for Lost Productivity