With the kids off for spring break this week, we nestled around the big screen for a family favorite. “The Great Oz has spoken! . . . Pay no attention to that man behind the curtain!” My littlest chuckled.
Just like the old man who couldn’t hide behind the curtain in The Wizard of Oz
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 mean.
In WinCo Foods, LLC v. Crossland Construction Co., No. CIV-18-175-HE (Nov. 21, 2019) (PDF), the
A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting.
In United States ex rel. Cummins-Wagner Co., Inc. v. Fidelity and Deposit Co. of Maryland, the United States
Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties. And if the case is subject to arbitration, it is likely that there will be a dispute about whether the arbitrator has the authority to compel production of third-party documents or witnesses for deposition.
On September 18, 2019, in
Earlier in the year, I made an April Fool’s Day joke on Twitter about the Supreme Court granting an appeal in a construction dispute. Apparently, the joke was on me…because the Supreme Court did take an appeal in a construction dispute!
On December 3, 2013, the Supreme Court issued its opinion in In re Atl.
I have often wondered whether there is such a thing as too small a dispute. Well, the parties in Earl Faulkner v. Tom Emmett Construction Company (pdf) determined to take their $3,000 construction dispute to the Tennessee Court of Appeals. In the end, the Court gave some good instructions on the "first material breach" rule, which
Construction is one of the riskiest businesses in the United States. It requires the coordination of many entities, which is one reason alone there are many disputes. What do you think causes construction claims and disputes?
In this tight economy, the competitive bidding system forces contractors to price their work in a way that will
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:
You can imagine that with seven young children in our house, there are a substantial number of arguments on any given day. When both my wife and I are at home, the question becomes, Who decides disputes: Mom or Dad? In the construction arena, the same types of questions arise.
Recently, in Bechtel Do
Last month, I wrote a post about using daily reports to support a construction claim. Today, I review some tips from Judge Steven Reed about the importance of the “story” in a construction claim.
Continue Reading The Importance of “Story” in Proving a Construction Claim