As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief, including damages for delay or extensions of time. This is actually a rather common situation and most contracts contain clauses and provisions that govern such occasions. But what happens when the
No April Fools’ Joke: Supreme Court Takes Appeal in Construction Case
Last week, I saw a Tweet about the United States Supreme Court granting certiorari in a construction dispute … and I thought it had to be an April Fools’ Day joke because they never take construction cases on appeal. So, being quite the jokester, I naturally sent out the following Tweet:
Well, the joke is on
Are There Limits to Your Freedom to Contract in Construction Agreements? Yes.
Yes, there are limits to what parties can include in a construction contract. For example, many states like Tennessee have choice of law and venue statutes that make it unlawful to include a provision in a contract requiring the substantive laws of another state or the venue of litigation/arbitration in another state for real estate
Mechanics Lien and Bond Claims Best Practices
While I generally limit my guest posts to my fellow law partners, I simply could not resist sharing with you today’s post from my friend and construction attorney, Scott Wolfe, Jr., which focuses on Best Practices for filing mechanics liens and bond claims.
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Federal Courts Not in the Business of Cleaning Up Language on Construction Sites
We all have preconceptions about the language you might find on the construction project. However, it is not every day that you read a court opinion and you find the following language: "…nor is it the business of the federal courts generally to clean up the language and conduct of construction sites." This came from
Court or Arbitrator: Who Decides Statute of Limitations Issues?
You can imagine that with seven young children in our house, there are a substantial number of arguments on any given day. When both my wife and I are at home, the question becomes, Who decides disputes: Mom or Dad? In the construction arena, the same types of questions arise.
Recently, in Bechtel Do
Are Electronic Toll Collection Systems Subject to Competitive Bidding?
I was working in our Virginia office this past week and was amazed at the amount of highway construction at and around Tyson’s Corner. What also caught my attention was the progress of the 495 Express Lanes project, which includes the construction of high occupancy toll (HOT) lanes that will operate on the I-495/Capital Beltway.
2011 Construction Law Update Is Available
One of the largest groups for construction lawyers is the American Bar Association’s Forum on the Construction Industry. In the weeks leading up to to the Forum’s 2012 annual meeting in Las Vegas, Nevada last month, a number of construction attorneys and I were feverishly reviewing submissions for Division 10’s annual Construction Law Update.
Does a Construction Manager Have a Legal Duty for Site Safety?
Today’s guest post is written by Joe Hardesty, who handles complex litigation in construction and business disputes. He has defended and prosecuted claims for clients arising from major construction projects throughout the country, surety disputes, commercial real estate disputes and a variety of disputes arising from business transactions. He also advises clients on matters
The Supremes Side with Road Builders in Clean Water Act Case
I had an admiralty professor at law school who would often refer to the Justices of the Supreme Court of the United States as … get this … the Supremes! In honor of Professor Jones, today’s post is about the Supremes decision in PPL Montana, LLC v. Montana, where the court declined to expand the definition of “navigable” under federal law.
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