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
Contractors: Do You Have a Cell Phone Policy? Is It Time for an Upgrade?
Smart phones and tablets are now commonplace on the construction job site. Are your cell phone policies as outdated as the original the flip phones that you issued to your employees? Do you even have a cell phone policy?
Given the legal risks involved with your superintendents, project managers and other employees, you should should
Cosmetic Defects Found to Be Basis for Termination of Contractor for Default
In the construction world, many of us lawyers talk about what is known as a material breach in order to support a termination of the contract. In other words, the event that supports the claim for default or termination or breach of contract must be a material one or one that goes to the heart
Provide Notice (and 10 Other Tasks) When Pursuing a Construction Claim
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
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
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.
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.
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
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