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

Top Posts

What Should You Do When There is an Accident on Your Construction Site

Posted in Best Practices
You probably saw last month’s report about a second work-related fatality at the construction site of the San Francisco 49er’s new football stadium. Police and fire investigators have determined that the truck driver’s death was a workplace accident and not a crime.  The delivery truck driver was reportedly crushed by a bundle of rebar being… 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

Best Practice: How to Track Increased Construction Costs for Proving Claims

Posted in Best Practices
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

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