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
Virginia Joins 11 Other States Prohibiting Pay-If-Paid Clauses in Construction Contracts
If you have Googled, “Virginia Pay If Paid” or “Virginia Pay When Paid” or “Pay if Paid Enforceable” or “best construction lawyer ever“, then you likely have found your way here (that last one is mere puffery). Let’s cut to the chase—Virginia has joined 11 other
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
Not Just An Old Wives’ Tale: Negotiating “Paid In Full” Check Binds Contractor
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 whatever was owed. But I have never really thought about that legal principle because, “People don’t really do
Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers
It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. And yet we see a claim for delays and extras filed at the end
No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute
If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. A few years ago, I found a