When Hurricane Helene struck North Carolina, it caused severe disruptions to construction projects across the state. Baxter International’s North Cove facility in Marion, N.C., was completely shut down after floodwaters damaged the site and bridges leading to it. Elsewhere, landslides and floods wiped out large sections of Interstate 40, making transportation of materials and equipment
East Coast versus West Coast: What Specific Construction Materials Could Be Held Up at Port?
Yesterday, I posted about potential construction delays and supply chain challenges resulting from the strike at the East Coast ports, such as New York, New Jersey, Savannah, and Charleston.
A reader asked me about the specific types of construction materials that may be subject to delays. Geographically, the East Coast ports handle a variety
Stuck at the Docks: Managing Construction Delays and Supply Chain Issues Resulting from the East Coast Ports Strike
At midnight on October 1, 2024, longshoremen and harbor workers at major East Coast ports went on strike, causing significant disruptions to the flow of goods and materials of all sorts, including those essential for the construction industry. The strike has brought operations at ports like New York, New Jersey, Charleston, and Savannah—key entry points
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.
Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs
Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to COVID-19.
APTIM Federal Services, LLC (ASBCA No. 62982) involved a contractor who sought to recover $99,076 in operational costs incurred
Tornadoes and Other Catastrophic Events Can Cripple a Construction Project—And How to Respond
Last month, a construction worker died as a storm swept through a construction site in Lebanon, Indiana. The preliminary investigation determined that the contractor was on an elevated platform while working on an industrial warehouse that was under construction. The man and other workers were in the process of stopping due to approaching thunderstorms.
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
What Should You Do When There is an Accident at Your Construction Site?
You probably saw last month’s report about a major accident at a construction site in downtown Miami, Florida. Investigation is still underway as to the root cause.
This is a good reminder of the lessons to learn when investigating or handling an accident on a construction site. These include:
- Prepare before the accident. It
The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement
If you saw the Netflix thriller Bird Box last year, you know that what you see does not always lead you down the right path. As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals
9 Best Practice Tips for a Schedule Analysis of Construction Delays
