Best Practices Construction Law

Best Practices Construction Law

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Matt has written articles and given presentations on all aspects of construction law. Find a resource here.

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Best Practices top posts include claims preparation, contract drafting, and litigation pitfalls. You don’t want to miss these ones.

Matthew DeVries

Matt is a construction & litigation attorney at Burr & Forman LLP and father of seven young kids.

Category Archives: Claims

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Did the FAR Lose Its Mojo in the Government Contracts World? Depends.

Posted in Case Law, Claims, Federal Construction, Legal Trends
It’s not everyday that you read about one of your longtime heroes, the Federal Acquisition Regulations (“FAR”), losing some of its mojo.  The Nash & Cibinic Report read as follows: “The FAR: Does It Have Contractual Force and Effect?” According to the article, there remains some confusion about the application of the FAR based upon the recent… Continue Reading

What I Learned from My Kids About Delay Claims

Posted in Claims
This past week, I came home to a complete mess in our backyard—it was littered with debris, trash, plates and utensils, and overturn patio furniture.  My instruction to the kids yesterday morning was stern: “Clean up this mess by the time I get home…or else!” One kid fixed the furniture in 15 minutes. One kid… Continue Reading

How To Track Increased Construction Costs For Proving Claims

Posted in Best Practices, Claims, Claims and Disputes
I previously blogged about the importance of using daily reports to prove construction claims. In addition to daily reports, the following records should be prepared and maintained in the normal course of business to help prove claims and effectively manage the project: Correspondence file containing all correspondence relating to a specific claim, including letters and/or… Continue Reading

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Posted in Bid Protest, Case Law, Claims, Federal Construction, Legal Trends
I previously blogged about the rules relating to pass-through claims, where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances.  In the post, I talked about a “past-through-plus” claim based upon the Severin doctrine, which provides a prime contractor cannot sue an owner on behalf of one… Continue Reading

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

Posted in Best Practices, Claims, Federal Construction
When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it.  In other words, you are negotiating about who takes… Continue Reading

Proceed Wisely, Ninja Contractor, Because Suing Your DOT May Have Limitations

Posted in Case Law, Claims, Claims and Disputes, Federal Construction, Legal Trends, Transportation
No self-respecting Ninja goes into battle without a plan, right? You need to know your environment, your opponent and the rules of the battle.  For you Ninja contractors, it’s a good thing to fully understand your potential recovery before you spend countless months and thousands of dollars pursuing a claim against your state DOT for… Continue Reading