As a single dad of a handful of kids, my evenings and weekends are always a joyful ride. Just last weekend, I had a mini trial with one of my Littles who, get this, wanted to spend the night at a friend’s house, but also wanted to go to the movies with her other siblings.
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
The Broccoli Incident: Making Sure You Ask for What You Want In Construction Claims
You may have met my 22 year old Princess when she was 11. A few years ago, I was teaching her about grace … undeserved merit or favor.
Well, my daughter was stalling and delaying on eating her meal … by almost an hour. So, naturally, I saw this as a teachable moment.
“Honey,
Can A Construction Contractor Email Notice of a Claim? Maybe!
A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting.
In United States ex rel. Cummins-Wagner Co., Inc. v. Fidelity and Deposit Co. of Maryland, the United States
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
LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract
In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text message can constitute a writing sufficient under the Statute of Frauds to create an enforceable contract.
Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects
The Department of Transportation in my home state of New Mexico is the latest to allow the design-build delivery method for highway projects. Although design-build had been approved in New Mexico on limited public projects, road and highway construction had been previously excluded. That changed on March 9, 2016, when Governor Susana Martinez signed into
Real Estate Development and Construction Contracts: What You Need to Know
Noted author and business attorney Peter Siviglia once said: “In this world, … there are two forms of writing: creative (such as novels, plays, and poetry) and expository (such as treatises, letters, memorandums, and briefs). I’ve tried both and prefer a third: Contracts, which do not entertain, do not convey information or ideas, and do
Contractor Submits “Penny Bid” for Rock Removal and Loses in the End
In our house of seven children, a penny found on the ground brings laughter and excitement. You can imagine the opposite reaction when a contractor bids a penny for rock removal for a competitive bid and later discovers that there was 250% more rock than anticipated.
That’s what happened recently in Celco Construction Corp. v.
Construction Contract Tip: Pay Attention to “Coordination and Cooperation ” Clauses
Busy, busy, busy! I have reviewed five new construction contracts in the past two weeks. If you are a contractor, there are a number of key provisions that you will want to be on the “look out” before you sign the agreement. Check out my series on the Top 20 Contract Issues for Contractors and