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.

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 at Burr & Forman LLP and father of seven young kids.

Tag Archives: delay claims

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

LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract

Posted in Best Practices, Case Law, Contract Docs, Legal Trends, Project Management
In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text message can constitute a writing sufficient under the Statute of Frauds to create an enforceable contract. In St. John’s Holdings, LLC… Continue Reading

Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Posted in Best Practices, Case Law, Claims and Disputes, Legal Trends, Tennessee
Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” In this instance, one party’s failure to strictly follow the contractual notice provision was a $209,235.36… Continue Reading

Brrrrrr, It’s Cold! How to Best Prepare a Delay Claim for Unusually Severe Weather

Posted in Best Practices, Case Law, Claims and Disputes, Federal Construction, Transportation
In anticipation of what could be an influx of wintry weather, the Tennessee Department of Transportation has made arrangements to ensure the state’s roadways stay clear. According to the Johnson City Press, TDOT has distributed more than 200,000 tons of salt and 2 million gallons of brine to stations in each of the state’s 95… 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

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

Severin Doctrine: It’s Another Name for “Pass-Through-Plus” Claims

Posted in Transportation
A contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. The Severin doctrine provides that a general contractor cannot sue an owner on behalf of one of its subcontractors to recover monies due to the subcontractor unless the general contractor is itself liable to the subcontractor. The Background.… Continue Reading