On Saturday, I took the kids to the zoo for a day-long adventure. Faith’s favorite attraction was the turtle compound that was filled with about 20 slowpokes walking a circle. Like watching paint dry, we sat on the sidelines as these mini-dinosaurs trekked the park at a whopping .25 mph.
When we think of delays
Last week during family skate night, my daughter asked me for two quarters to play some Skee-Ball. I loved playing that game as a kid. But imagine my surprise when I turned the corner and witnessed her active interference with the rules of the game! (… Truly, you can’t script this stuff…)
In construction
We live in a world of e-mails, IMs, texts, Snapchats, 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 recent transportation case involving
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 what was owed. But I had never really thought about that legal principle because, “People don’t really do
I previously blogged about the importance of using daily reports to prove construction claims.
In addition to daily reports, the following records should be prepared and maintained in the normal course of business to help prove claims and effectively manage the project:
Many delay, disruption, and loss of productivity claims are lost or substantially reduced in value because mistakes, errors and carelessness are reflected in the original schedule and plan of operations. The original schedule is often the first piece of documentation that the owner receives demonstrating the contractor’s professionalism in planning and management.
Contractors should pay
Last month, authorities in Suffolk, Virginia were investigating a construction site where human bones were found. Forensic experts were called in to excavate the site and determine whether they were recent or from an old burial ground. Has this ever happened at one of your sites?
If you find bones or other archaeological artifacts
Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” In this instance, one party’s failure to strictly follow the contractual notice provision was a $209,235.36
Rarely do you find a case that succinctly addresses a construction law issue. Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. This is a must read!
In County of Galveston v. Triple B Services, LLP, decided on May 26, 2016, the Court of
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.