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

Owners typically retain a geotechnical consultant, either directly, or indirectly though the designer. Either way, the number of borings the geotechnical consultant will take is often dependent on the funding available. It should be noted that the fewer the number of soil borings taken, the less likely that those taken will indicate properly the site

I realize that these regulations and rules may be three years old, but in 2010 the EPA imposed continuing requirements on persons and entities working with lead-based paint. Recently, there have been reports of regional EPA offices seeking to investigate and audit various renovation contractors for whom the regulations would apply.

In 2008, the United

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

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

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