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
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.
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
Top 7 Factors Affecting Labor Productivity Losses On A Construction Project
Construction labor is always in the news. Last month, I wrote an article for the Nashville Business Journal challenging industry leaders on how to respond to the shortage of skilled labor in the area. Recently, the U.S. Department of Labor issued new overtime regulations, which no doubt will affect your workforce. When you deal
One Awesome Case Discussing The Difference Between Delay and Disruption Damages!
Rarely do you find a case that succinctly addresses a construction law issue. Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. This is a must read!
In County of Galveston v. Triple B Services, LLP, decided on May 26, 2016, the Court of
Public Owner Recovers Liquidated Damages Even After Terminating Contractor for Convenience
You can’t have your cake and eat it too. That’s no fun! Why even get the cake if you are not allowed to eat it? Recently, a court held that a public owner could have both a termination for convenience, as well as liquidated damages.
In Old Colony Construction, LLC v. Southington, 316 Conn.
Proceed Wisely, Ninja Contractor, Because Suing Your DOT May Have Limitations
No self-respecting Ninja goes into battle without a plan, right? You need to know your environment, your opponent and the rules of the battle. For you Ninja contractors, it’s a good thing to fully understand your potential recovery before you spend countless months and thousands of dollars pursuing a claim against your state DOT for