Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance.
Contracting Officer’s Belief That Contractor Could Not Meet Schedule Requirements Insufficient to Support Default Termination
There is objective evidence. There is subjective evidence. And sometimes, it is a combination of both A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a number of disputes, poor practices, and conflicting personalities created a climate of dishonesty, distrust, and lack of
Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect
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
Active Interference Wins Skee Ball Points and Precludes Enforcement of A “No Damages for Delay” Clause
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
How Important Is That Little Green Card? Pretty Darn Important Says One Court.
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
“Paid in Full” Wives’ Tale True? When Endorsing A Check, Yes Ma’am!
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
How To Track Increased Construction Costs For Proving Claims
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:
- Correspondence file containing all correspondence relating to a specific claim, including letters
Top 14 Most Common Scheduling Mistakes by Contractors
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
Eeeek! What To Do When You Find Bones or Human Remains On the Construction Site?
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
Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000
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