When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you comply with the contract or insurance provisions by: (1) giving written notice of the claim; (2) to the correct party; (3) within
Risk or Reward? Using Drones on Your Construction Project
In this week’s issue of ENR, technology writer Luke Abaffy details the use of drones by Minnesota Department of Transportation (MnDOT) to conduct bridge inspections.
We’ve all seen the YouTube videos or Facebook posts of a drone in action. The recent article in the ENR magazine highlights a new testing program by MnDOT
Government Contractors: Threatening to File a Claim is Not the Same as Filing a Claim
Words matter. Grammar matters. Even punctuation matters:
Let’s eat, Grandma!
Let’s eat Grandma!
For one government contractor, its claim was recently rejected by the Civilian Board of Contract Appeals because the Board found that the Contractor did not properly state its claim. In Construction Group LLC v. Dept. of Homeland Security, 15-1 BCA para.
Change Directive v. Change Order v. Construction Change
In the legal world, words have meaning. Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. Take, for example, the world of changes in the construction context.
When you
Brrrrrr, It’s Cold! How to Best Prepare a Delay Claim for Unusually Severe Weather
In anticipation of what could be an influx of wintry weather, the Tennessee Department of Transportation has made arrangements to ensure the state’s roadways stay clear. According to the Johnson City Press, TDOT has distributed more than 200,000 tons of salt and 2 million gallons of brine to stations in each of the state’s
Best Practices for Developing a Contractor’s Request for Compensation
My mentor and good friend, Cordell Parvin, has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim.
Recently, Cordell sent me a list of items that all contractors should review when developing a request for additional compensation. I have
Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims
Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. Government on two road projects in South Carolina. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid
8 Best Practice Tips for a Schedule Analysis of Construction Delays
Any Problems with One Owner and Multiple Contractors? Sometimes.
Increasingly, two or more contractors may each have a separate contract with the owner for different portions of the work on a single project.
Interference may arise, for example, from one contractor’s storage of materials on a site where the other has work to perform, or from one contractor’s failure to progress with work that
Can a Subcontractor Recover When Delays Are Caused by Another Subcontractor?
Recovery for unreasonable delays caused by others can be based upon a breach of an implied obligation not to hinder or delay the other party’s performance. Wow, that’s a mouthful! Let’s look at an example.
In Foster & Creighton Company v. Wilson Contracting, the Tennessee Court of Appeals reviewed a case involving a project