Seems like last week I was just celebrating one kid’s birthday and I had to do it again last night! Oh, that’s right, I have seven kids with two birthdays in September. So, it was not a dream?!?!?! Although they both got to choose their own family dinner destination, we are going to have one
“Was Not” versus “Is So”: Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery
After a great extended weekend on the beaches of Florida, we embarked upon the drive back to Nashville with six kids. Despite the clearly defined travel rules, the antagonizing kid was putting his feet on the emotional kid. The creative kid was writing on the seat with markers, while the perfect kid screamed foul. The
Words and Numbers: Contractor Forfeits Bid Bond When It Mistakenly Leaves Out “Thousand” Word
Contractors make mistakes with words. Contractors make mistakes with numbers. And sometimes, a mistake with words leads to a mistake with numbers.
In Clark Construction Co. v. Alabama Highway Department, a highway contractor tried to withdraw its bid on public contract and have its bid bond returned after it made a mistake on a
How Important Is That Little Green Card? Pretty Darn Important Says One Court.
We live in a world of e-mails, IMs, texts, Snapchats, Instagrams and the occasional fax. Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called “Notice”) remains subject to some very strict rules imposed by contract, case law or statute.
Notice of Claims. In a recent transportation case involving
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
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
The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses
As you may be aware, one of the greatest risks on a construction project involves the payment process. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed.
Contractors have a means of shifting the
Discover an Underground Storage Tank During Construction? What Next?
HQ Construction, the Tennessee Department of Transportation‘s new monthly newsletter, recently highlighted in its June 2015 issue an instance when a road builder discovered what appeared to be an underground storage tank (UST). That can certainly disrupt construction, right?
During excavation activities of the
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
Infographic: Safety In Construction Industry Explained
On June 2, 2014, the AGC of Middle Tennessee will be partnering with other construction trade associations across the state, Tennessee OSHA Outreach Training Centers, as well as TOSHA to have a statewide construction “Fall Protection Safety Stand Down.” As you may be aware, fall construction accidents are one of OSHA’s Focus Four Hazards.
On