Noted author and business attorney Peter Siviglia once said: “In this world, … there are two forms of writing: creative (such as novels, plays, and poetry) and expository (such as treatises, letters, memorandums, and briefs). I’ve tried both and prefer a third: Contracts, which do not entertain, do not convey information or ideas, and do
Which Insurance Carrier Is Responsible for Damages on a Construction Project? Depends.
There are multiple types of insurance coverage for the various risks on a construction project. However, when there are multiple insurance carriers covering the same risk (i.e., general liability, builder’s risk, workers’ compensation, professional liability) over different periods of time, there may be a dispute as to which carrier covers the loss.
In a recent
Happy Birthday AAA Supplementary Construction Rules for Fixed Time and Cost
Happy Birthday to You! Happy Birthday to You! Happy Birthday Dear AAA Supplementary Rules! Happy Birthday to you!
One year ago, the American Arbitration Association implemented new rules to provide an arbitration process that would be more predictable in terms of time and cost. The Supplementary Rules for Fixed Time and Cost Construction
The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses
As you may be aware, one of the greatest risks on a construction project involves the payment process. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed.
Contractors have a means of shifting the
Discover an Underground Storage Tank During Construction? What Next?
HQ Construction, the Tennessee Department of Transportation‘s new monthly newsletter, recently highlighted in its June 2015 issue an instance when a road builder discovered what appeared to be an underground storage tank (UST). That can certainly disrupt construction, right?
During excavation activities of the
“New” Means “New” When the Construction Contract Says “New”
There’s “new.” And there’s “new to you.” And there’s “refurbished new.” And there’s “open box special new.” And there’s “floor display model new.” But when it comes to contract specifications requiring “new” equipment, one court looked to a dictionary to define it as “never used before” and “free of significant damage.”
In a recent case,
Change Directive v. Change Order v. Construction Change
In the legal world, words have meaning. Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. Take, for example, the world of changes in the construction context.
When you
Brrrrrr, It’s Cold! How to Best Prepare a Delay Claim for Unusually Severe Weather
In anticipation of what could be an influx of wintry weather, the Tennessee Department of Transportation has made arrangements to ensure the state’s roadways stay clear. According to the Johnson City Press, TDOT has distributed more than 200,000 tons of salt and 2 million gallons of brine to stations in each of the state’s
Paper to Paperless: Webinar on Construction Documentation and Risk Management
You will rarely find me advertising on this blog. However, throughout the year I regularly receive inquiries about electronic discovery, mobile apps, and the paperless project. And every couple of years I partner with the Construction Pro Network to address these issues. I am pleased to announce that I will be doing a Webinar on
Best Practices for Developing a Contractor’s Request for Compensation
My mentor and good friend, Cordell Parvin, has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim.
Recently, Cordell sent me a list of items that all contractors should review when developing a request for additional compensation. I have