Best Practices Construction Law

Best Practices Construction Law

Best Practices Resources

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

Top Posts

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 with Stites & Harbison, PLLC and father of seven young kids.

Category Archives: Project Management

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Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Posted in Best Practices, Claims and Disputes, Federal Construction
Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. Government on two road projects in South Carolina.  The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid … Continue Reading

Infographic: Safety In Construction Industry Explained

Posted in Regional Construction, Safety, Tennessee
On June 2, 2014, the AGC of Middle Tennessee will be partnering with other construction trade associations across the state, Tennessee OSHA Outreach Training Centers, as well as TOSHA to have a statewide construction “Fall Protection Safety Stand Down.”  As you may be aware, fall construction accidents are one of OSHA’s Focus Four Hazards. On … Continue Reading

8 Best Practice Tips for a Schedule Analysis of Construction Delays

Posted in Best Practices, Claims and Disputes
A number of families will be traveling this holiday weekend, and some are travel-savvy enough to check out travel websites like www.911.Virginia.org for real-time traffic information and identification of construction delays.  When savvy contractors face delays on a project, they immediately take steps to provide notice, document, evaluate and plan for recovery from those delays. … Continue Reading

Any Problems with One Owner and Multiple Contractors? Sometimes.

Posted in Best Practices, Claims and Disputes
Increasingly, two or more contractors may each have a separate contract with the owner for different portions of the work on a single project. Interference may arise, for example, from one contractor’s storage of materials on a site where the other has work to perform, or from one contractor’s failure to progress with work that … Continue Reading

Can a Subcontractor Recover When Delays Are Caused by Another Subcontractor?

Posted in Best Practices, Claims and Disputes
Recovery for unreasonable delays caused by others can be based upon a breach of an implied obligation not to hinder or delay the other party’s performance. Wow, that’s a mouthful! Let’s look at an example. In Foster & Creighton Company v. Wilson Contracting, the Tennessee Court of Appeals reviewed a case involving a project at … Continue Reading

Walking a Tightrope: EEOC Guidance to Avoid Negligent Hiring by Construction Companies

Posted in Best Practices, Human Resources
Today’s guest post is from my good friend and law partner, M. Clark Spoden, who focuses on business litigation, labor and employment, environmental and construction law. The full article was published by Construction Executive. You can contact Clark at clark.spoden@stites.com. Last April, the U.S. Equal Employment Opportunity Commission (EEOC) issued its long-awaited Enforcement Guidance regarding … Continue Reading

Recovering Loss of Productivity Through Measured Mile Analysis

Posted in Best Practices, Claims and Disputes, Transportation
You don’t need to go any further than this Washington Post article to read about a delayed construction project where the parties are passing blame back and forth.  The Silver Spring Transit Center is reported to be two years behind schedule and suffering from significant cost increases. No doubt the dispute will be resolved in … Continue Reading

ConsensusDOCS Releases New Teaming Agreement

Posted in Contract Docs
ConsensusDocs released the new ConsensusDocs 498 Design-Build Teaming Agreement today, which provides a standard contract for parties desiring to form a team for the purpose of submitting a bid on a design-build project. According to the press release, this agreement has the flexibility for those team members to include design professionals, contractors and other parties. … Continue Reading

Top 20 Contract Issues for Contractors and Subcontractors (Part 4)

Posted in Contract Docs, Document Management, Project Management
You probably thought you would never see the finish line to this series of posts on the Top 20 contract issues for contractors and subcontractors.  Well, here we are, at the finish line. In this final part of the four-part series, I share the last few areas of concern for contractors and subcontractors when reviewing … Continue Reading