Last week was crazy for me! Not only did I have more meetings than one could fit in the work week, but we had to find alternative overnight plans for our six children for an out-of-town law firm event. Just like a construction project, we had to deal with the "ripple effect" of many changes
Essential Terms to Include in a Construction Arbitration Clause
I recently read a BNA article on commercial arbitration entitled Achieving the Perceived Cost Savings and Expedience of Commercial Arbitration (pdf). In the article, Chicago attorney William O’Neil identifies six essential terms you should include in your arbitration clauses.
While I agree with most of the essential terms, the recommendations really depend on
Hot Air Balloons: The Sky’s the Limit in Construction Contracting and Project Management
There is a lot of hot air in Albuquerque, New Mexico this week. And it’s not because I was in town … it’s because of the Albuquerque International Hot Air Balloon Fiesta. This post is about some lessons learned in project management on Indian projects.
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Nashville Flood Waters Recede: What To Do About Insurance Claims, Business Recovery and Home Repairs
On Saturday, it rained … and rained … and rained.
On Sunday, it flooded.
On Monday, I took off from work to help stage a shelter at my local church for a number of Nashville flood victims.
On Tuesday, I spent part of the day with displaced residents whose homes were completely demolished. I spent the rest of
The Top Three Causes of Disputes on a Construction Project
Earlier this week, I was talking with fellow attorney who does not practice construction law. At one point in our conversation, he threw out a goocher of a question: "I know this is a hard question, but what do you think causes most of the disputes on a construction project? I am sure there could be
Fourth Circuit Concludes that “Pay if Paid” Clause is Unambiguous and Enforceable
As you may be aware, one of the greatest risks on a construction project involves the payment process. Particularly in these economic hard times, a contractor and its subcontractors and suppliers expect to be paid on a timely basis once the work has been performed.
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Lessons from a Bankruptcy Judge: Learn How to Write
"Pay me less before the dispute erupts … or pay me more after the dispute erupts …" is a phrase that many construction litigators have said to their clients. What that means, practically, is that if you invest the time and money to have your attorney review construction contracts before the job starts, you will save time, money and effort later when the dispute
The Problem with Words: They Can LEED to Miscommunication
I have my Google reader set to search various blogs, news sites, and Twitter feeds to help me keep current with the latest trends in the construction industry. There remains one major problem: the words we use have different meanings for everyone.
Take, for example, my search of Twitter feeds (above) for Building Information Modeling (BIM). If you were to do
Before and After: Top Three Reasons to Keep Good Records
The "before" picture often magnifies the significance of the "after" picture. In other words, if you had only seen the "after" picture below, then you may think, Wow! How did that crane find its way into that nice pool of water? Perhaps it somehow fell into the water?
Now check out the "before" pictures … which
Construction Management Tip: Fix Problem Now, Point Finger Later
When my kids break something in the house, they immediately begin pointing the finger at the "alleged" responsible actor. In the construction world, many times you will need to fix the problem first and then point the finger later.
I read an article today by Jack Broom in the Seattle Times that illustrates this point. The incident involved