On September 24, 2021, the Safer Federal Workforce Task Force released guidance detailing COVID-19 vaccination and other pandemic-related workplace safety requirements for federal contractors in accordance with the Executive Order issued by President Biden on September 9, 2021. The Executive Order broadly outlined which contractors were covered by the mandate, but contained few specific details
What Should You Do When There is an Accident on Your Construction Site
You probably saw last month’s report about a second work-related fatality at the construction site of the San Francisco 49er’s new football stadium. Police and fire investigators have determined that the truck driver’s death was a workplace accident and not a crime.
The delivery truck driver was reportedly crushed by a bundle of rebar…
Can a Subcontractor Recover When Delays Are Caused by Another Subcontractor?
Recovery for unreasonable delays caused by others can be based upon a breach of an implied obligation not to hinder or delay the other party’s performance. Wow, that’s a mouthful! Let’s look at an example.
In Foster & Creighton Company v. Wilson Contracting, the Tennessee Court of Appeals reviewed a case involving a project…
What Do You Think Causes Construction Claims and Disputes? Think Again.
Construction is one of the riskiest businesses in the United States. It requires the coordination of many entities, which is one reason alone there are many disputes. What do you think causes construction claims and disputes?
In this tight economy, the competitive bidding system forces contractors to price their work in a way that will…
Five Questions to Answer Before Submitting a Claim for Increased Material Costs
About a year ago, my wife turned vegetarian on me. I don’t have any significant objection to eating more healthy and I like the fact that she has eliminated sugar and processed foods from our pantry. However, I constantly complain about the increased costs of eating right. Not that I treat every marital conversation like…
Best Practice: 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
Recovering Loss of Productivity Through Measured Mile Analysis
You don’t need to go any further than this Washington Post article to read about a delayed construction project where the parties are passing blame back and forth. The Silver Spring Transit Center is reported to be two years behind schedule and suffering from significant cost increases. No doubt the dispute will be resolved in…
What Type of Schedule Analysis Should be Performed in Construction Delay Claims?
It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. Today’s post identifies some best practices in this area.
Continue Reading What Type of Schedule Analysis Should be Performed in Construction Delay Claims?
Tips for Creating a Healthy Cash Flow
No matter the season, however, construction companies rely heavily on cash flow to fund their operations. Cash flow depends on so many variables, but there are a few that you can control.
Continue Reading Tips for Creating a Healthy Cash Flow
Severin Doctrine: It’s Another Name for “Pass-Through-Plus” Claims
A contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. The Severin doctrine provides that a general contractor cannot sue an owner on behalf of one of its subcontractors to recover monies due to the subcontractor unless the general contractor is itself liable to the subcontractor.