It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. And yet we see a claim for delays and extras filed at the end
What Should You Do When There is an Accident at Your Construction Site?
You probably saw last month’s report about a major accident at a construction site in downtown Miami, Florida. Investigation is still underway as to the root cause.
This is a good reminder of the lessons to learn when investigating or handling an accident on a construction site. These include:
- Prepare before the accident. It
Lessons from a Post-COVID19 Construction Lawyer
The last six months have been a whirlwind, especially for this single dad of six school children (who are no longer in school) while I work from home/office/car/jobsite/court.
During the first week of the pandemic, I wrote an ebook for contractors on how to deal with COVID-19. Over the next month, I answered countless
Rebuilding for Success: Are You Interested in a Construction Leadership Mastermind?
I have been thinking of launching a leadership mastermind for construction professionals. And this idea came to me over the past month as the world basically came to a complete halt—except for the construction industry, which has instead been on a roller coaster ride.
You see, most of the states and cities have enacted various
CDC and OSHA Speak: How to Keep Construction Workers Safe During COVID-19 Pandemic
Many jurisdictions have allowed construction activities to continue through the COVID-19 pandemic. But the “stay at home” restrictions have varied from a state to state. Restrictions vary depending on whether the project is public infrastructure, to commercial, to health care, to multifamily and residential. (Make sure that you confirm your particular jurisdiction’s orders to see
Complimentary E-Book: Best Practices for Contractors to Address COVID-19
I am not going to even attempt to describe what has occurred over the past week. You’ve read it online. You’ve watched the daily news reports. You’ve listened to the radio. And you’ve even had to adjust your own schedule to accommodate school closings. While working remotely myself, my mobile phone has been constantly pinging
Contractor’s Alleged Licensing Violation Raises Due Process Concerns in Mississippi
Contractor licensing violations raise serious concerns for all parties. For an owner, an unlicensed contractor may affect financing options on one end and the contractor’s entitlement to recover profits on the other end. For contractors, a licensing violation can have a crippling effect on all projects, the ability to perform, and the ultimate ability to
Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government
They say that hindsight is 20/20. Who is they, anyway? The old proverb means that it is easy to understand something after it has already happened. In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want.
In Appeal of Matcon Diamond, Inc., ASBCA No.
Tornadoes and Other Catastrophic Events Can Cripple a Construction Project—And How to Respond
I missed it by less than an hour. I was working late last week and left my office right before midnight … which happened to be right before a Category 5 tornado ripped through the outskirts of downtown Nashville and then proceeded to East Nashville and Putnam County. The next morning, the skies were clear
Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways
As a single dad of a handful of kids, my evenings and weekends are always a joyful ride. Just last weekend, I had a mini trial with one of my Littles who, get this, wanted to spend the night at a friend’s house, but also wanted to go to the movies with her other siblings.