I missed it by less than an hour. I was working late last week and left my office right before midnight … which happened to be right before a Category 5 tornado ripped through the outskirts of downtown Nashville and then proceeded to East Nashville and Putnam County. The next morning, the skies were clear
Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways
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.
Construction Law Summit in Nashville: How to Claim an Invitation!
I have been blogging for over 10 years now. I have spoken at construction and leadership conferences all over the country. Do you want to know my favorite place to speak?
My favorite place to speak is wherever I am. That’s right, I enjoy people-meeting, story-telling, and especially problem-solving. Best Practices Construction Law is
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
Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.
As we enter the holiday season, some people have strict guidelines about when the Christmas tree or other holiday decorations are allowed to takeover our daily lives, offices, and homes. The red and white ribbons and the colored lights of Christmas cannot be hung until after the orange pumpkins, brown leaves and turkey carcasses are
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,
Design-Build Contractor Held to the Same Standard On Differing Site Conditions Clause
Each and every kid in my house is held to the same standard—a very tough one I might add. You see, I recognize they are different ages, difference sexes, and have different strengths and weaknesses, but that does not change how I choose to parent as a single dad. In the same way, a court
When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.
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.
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