Like many of you, I stayed up late on Tuesday night / Wednesday morning to watch the 2016 election returns. I dragged myself into the office after only a few hours of sleep and my phone was immediately ringing. Some clients. Some association contacts. Some reporters. They all wanted to talk about the same thing:
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
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
Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects
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
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
Brrrrrr, It’s Cold! How to Best Prepare a Delay Claim for Unusually Severe Weather
In anticipation of what could be an influx of wintry weather, the Tennessee Department of Transportation has made arrangements to ensure the state’s roadways stay clear. According to the Johnson City Press, TDOT has distributed more than 200,000 tons of salt and 2 million gallons of brine to stations in each of the state’s
How Contractors Can Make Sure to Receive DBE Participation Credit
Last week, I received an alert from Deborah Luter, TDOT’s Program Director for the Small Business Development Office (SBDP) regarding DBE participation credits.
Many prime contractors may be unaware that subcontracting to a DBE on a TDOT contract does not necessarily mean DBE goal participation credit will be awarded. To receive credit for utilizing a
TDOT Requires List of Subcontractors from Apparent Low Bidder
While I know this was not coordinated to start on my birthday (…hint…hint…send gifts to my law firm address…), but for the July 12, 2013 letting and going forward, TDOT will require the apparent low bidder to submit a “Bidders List” identifying all subcontractors that provided a quote on that particular project/contract.
This
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
‘Twas the Night Before Christmas…and Comments Were Due on DBE Rule Changes
Today’s guest post is from my good friend and law partner, Mark Leach, who focuses on health care law, construction disputes and public procurement matters. Mark served as a panel member on DBE Compliance at the October 25, 2012, ARTBA Construction Law and Regulatory Forum. You can contact Mark at (502) 681-0583 or