You can’t have your cake and eat it too. That’s no fun! Why even get the cake if you are not allowed to eat it? Recently, a court held that a public owner could have both a termination for convenience, as well as liquidated damages.
In Old Colony Construction, LLC v. Southington, 316 Conn.
No self-respecting Ninja goes into battle without a plan, right? You need to know your environment, your opponent and the rules of the battle. For you Ninja contractors, it’s a good thing to fully understand your potential recovery before you spend countless months and thousands of dollars pursuing a claim against your state DOT for
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
Just this weekend, after breaking up a Minecraft dispute among four my young children, I sent them back to the world of digital building. Within minutes, they were fighting again. Makes you wonder about whether you have really settled the dispute after you have settled the dispute?
The Court of Appeals of Tennessee recently addressed
In the construction world, many of us lawyers talk about what is known as a material breach in order to support a termination of the contract. In other words, the event that supports the claim for default or termination or breach of contract must be a material one or one that goes to the heart
When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you comply with the contract or insurance provisions by: (1) giving written notice of the claim; (2) to the correct party; (3) within
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
Absolutely nothing! … to contractors that is … but to employers … a different answer.
Okay, so the Supreme Court recently ruled that state laws banning same sex marriage are unconstitutional under the 14th Amendment to the United States Constitution.
You may have your own personal opinion against or in support of the Supreme Court’s
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,
Words matter. Grammar matters. Even punctuation matters:
Let’s eat, Grandma!
Let’s eat Grandma!
For one government contractor, its claim was recently rejected by the Civilian Board of Contract Appeals because the Board found that the Contractor did not properly state its claim. In Construction Group LLC v. Dept. of Homeland Security, 15-1 BCA para.