This weekend was all about The Rise of Gru. I love Gru so much that when my children ask for money, my best Gru-like voice belts back: “Now, I know there have been some rumors going around that the bank is no longer funding us….In terms of money, we have no money.” And
More Than Meets the Eye: TN Court Finds Arbitration Agreement in Employee Handbook Non-Binding
Excuse the eye patch, as I just had retina surgery yesterday. I am surprised at how different the world looks with only one eye to focus—from the depth of the stairway, to the water flowing from the sink, to the words flying out from the computer screen. In other words, there is more than meets
When is a Contractor’s Termination for Default Proper? When it Does Bad Things!
Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, who just “looks like” she’s up to no good. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance.
Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act
In life, rejection is often hard to swallow. In construction, that rejection can sometimes amount to millions of dollars. A Massachusetts court recently held that an owner’s rejection of the contractor’s payment applications was not properly certified and, thus, violated the state’s Prompt Pay Act.
Slow As A Turtle? Florida Court Finds “No Damages for Delay” Clause Has Limits
My commute home last night took longer than usual. It was not excessive traffic, an accident, or a stalled car. Rather, the cause of my delayed commute was a turtle: one single turtle crossing the road, holding up about 30 cars for what seemed like an eternity. (Never mind the fact that no one got
You Can’t Treat Construction Claims Like Your Grandkids
I have seven children. and two of them have flown the coop. I also have two grandchildren who are ripe for spoiling. You see, grandchildren are a different type of kid, which means I get to treat them different than the kiddos living under my roof. In construction, however, some courts have held that
Broad Form Lien Waivers No Longer Part of the Game in North Carolina
North Carolina Avenue is one of the hottest properties in Monopoly, says most of my kids. And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to your lien rights.
While many states prohibit prospective lien waivers—that is, an advanced waiver of lien rights usually
Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims
With the kids off for spring break this week, we nestled around the big screen for a family favorite. “The Great Oz has spoken! . . . Pay no attention to that man behind the curtain!” My littlest chuckled.
Just like the old man who couldn’t hide behind the curtain in The Wizard of Oz
That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component
What’s a goocher? If you saw the movie, Stand By Me, then you know exactly what I mean. And there are times when parties to a construction contract face a goocher. Here’s what I mean…
In J. Clancy, Inc. v. Khan Comfort, LLC, the Supreme Court of South Dakota held that a missing
Snapchat This! That Little Green Card is Pretty Important Says One Court
We live in a world of e-mails, IMs, texts, Snapchats, TikToks, Instagrams and the occasional fax. Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called “Notice”) remains subject to some very strict rules imposed by contract, case law or statute.
Notice of Claims. In a transportation case involving