In a world of texts, email and Siri, you should be careful about the impact of the words you write. Remember that case where a court found that a string of text messages can form a binding contract? (FYI…it is one of my top five blog posts ever!) Another court took a similar approach
Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect
On Saturday, I took the kids to the zoo for a day-long adventure. Faith’s favorite attraction was the turtle compound that was filled with about 20 slowpokes walking a circle. Like watching paint dry, we sat on the sidelines as these mini-dinosaurs trekked the park at a whopping .25 mph.
When we think of delays
Say What? The Rise of Criminal Liability for Construction Accidents
Today’s guest post is by Chris Meyers and Cheri Gatlin, two of my fellow partners at Burr & Forman, LLP. Chris is a partner and Cheri Gatlin is Chair of the firm’s Construction and Project Development Practice Group. The Group counsels clients throughout the U.S. on safety policies, OSHA and regulatory compliance, contracts, disputes
In Construction, There’s A Tattletale And There’s What is Right
Sometimes, we avoid doing bad things because of the risk of getting caught. Other times, we avoid doing bad things because we simply choose to do right things. Whatever the camp you fall into, a recent government contracts case tells a story that should be avoided when submitting payment applications to the government.
In U.S.
Additional Insured Status: Playing the Speak-Out Game on a Construction Project
Last weekend we played Speak-Out: Kids versus Parents, a game where you use a plastic thingy to obstruct your speech capabilities. The winning team is the one that guesses the most phrases. Reading and understanding an insurance policy on a construction project can be a lot like understanding my kids playing Speak Out.
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Disney Dad Reports About New Limitations Period for Construction Claims in Florida
As a father of seven children, my wife has often accused me of being Disney Dad−something to do with the allegation that I am the “fun” parent who takes the children to movies all the time, serves ice cream for breakfast, and lets them sleep in their clothes at bedtime. Never have…never did.
While
“Paid in Full” Wives’ Tale True? When Endorsing A Check, Yes Ma’am!
Long before I was an attorney, I heard this tale that if you endorsed a check that had the words “PAID IN FULL” written on the check, then you were accepting the check as full payment of what was owed. But I had never really thought about that legal principle because, “People don’t really do
Project Documentation: The Bad Little Email That Got Produced
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