Believe it or not, there are always a wealth of emails and other documents produced in litigation that help “make the case” for the other side. Take, for the example, the e-mail I found in the files of one superintendent entitled “PROJECT DELAYS” … the words could not have been clearer … “I think
Texas Court Gobble-Gobbles New Federal Overtime Rules
On this Thanksgiving Eve, contractors and other employers can take a breathe and gobble down some extra turkey and pumpkin pie without worrying about the new increases in overtime rules.
On Tuesday, November 22, 2016, a Texas federal court entered a nationwide injunction blocking the U.S. Department of Labor’s (“DOL”) new federal overtime rules from
How To Track Increased Construction Costs For Proving Claims
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
Eeeek! What To Do When You Find Bones or Human Remains On the Construction Site?
Last month, authorities in Suffolk, Virginia were investigating a construction site where human bones were found. Forensic experts were called in to excavate the site and determine whether they were recent or from an old burial ground. Has this ever happened at one of your sites?
If you find bones or other archaeological artifacts
LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract
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.
Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000
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
Top 7 Factors Affecting Labor Productivity Losses On A Construction Project
Construction labor is always in the news. Last month, I wrote an article for the Nashville Business Journal challenging industry leaders on how to respond to the shortage of skilled labor in the area. Recently, the U.S. Department of Labor issued new overtime regulations, which no doubt will affect your workforce. When you deal
Who Assumes the Risk of Material Cost Increases? As Always, It Depends!
When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. In other words, you are negotiating about who takes
Can Active Interference by Owner Invalidate A No Damages for Delay Clause? Sometimes.
Some will say that a “no damages for delay” clause is harsh. Well, it depends on which hat you wear. If you are a contractor, you have a reasonable expectation that you will be paid for the extra work to overcome a delay beyond your control, especially if the owner causes or contributes to the
Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects
The Department of Transportation in my home state of New Mexico is the latest to allow the design-build delivery method for highway projects. Although design-build had been approved in New Mexico on limited public projects, road and highway construction had been previously excluded. That changed on March 9, 2016, when Governor Susana Martinez signed into