Best Practices Construction Law

Best Practices Construction Law

Best Practices Resources

Matt has written articles and given presentations on all aspects of construction law. Find a resource here.

Top Posts

Best Practices top posts include claims preparation, contract drafting, and litigation pitfalls. You don’t want to miss these ones.

Matthew DeVries

Matt is a construction & litigation attorney at Burr & Forman LLP and father of seven young kids.

Tag Archives: Best Practices

What I Learned from My Kids About Delay Claims

Posted in Claims
This past week, I came home to a complete mess in our backyard—it was littered with debris, trash, plates and utensils, and overturn patio furniture.  My instruction to the kids yesterday morning was stern: “Clean up this mess by the time I get home…or else!” One kid fixed the furniture in 15 minutes. One kid… Continue Reading

Coaching Football and Planning Construction Projects: It’s All the Same Thing

Posted in Best Practices
My good friend and mentor Cordell Parvin once suggested that planning done by contractors for a successful construction project is not unlike the planning done by football coaches for a successful season. He is right! Coaching football.  Successful football organizations consist of specialized teams or units: (a) the offense; (b) the defense; and (c) and special… Continue Reading

What Should You Do When There is an Accident on Your Construction Site

Posted in Best Practices
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 being… Continue Reading

Can a Subcontractor Recover When Delays Are Caused by Another Subcontractor?

Posted in Best Practices, Claims and Disputes
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 at… Continue Reading

Fast Forward Three Years: Two Resources You Need to Respond to an EPA Inquiry for Lead-Based Paint Usage

Posted in Best Practices
I realize that these regulations and rules may be three years old, but in 2010 the EPA imposed continuing requirements on persons and entities working with lead-based paint. Recently, there have been reports of regional EPA offices seeking to investigate and audit various renovation contractors for whom the regulations would apply. In 2008, the United… Continue Reading

Best Practice: How to Track Increased Construction Costs for Proving Claims

Posted in Best Practices
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 and/or… Continue Reading

Walking a Tightrope: EEOC Guidance to Avoid Negligent Hiring by Construction Companies

Posted in Best Practices, Human Resources
Today’s guest post is from my good friend and law partner, M. Clark Spoden, who focuses on business litigation, labor and employment, environmental and construction law. The full article was published by Construction Executive. You can contact Clark at Last April, the U.S. Equal Employment Opportunity Commission (EEOC) issued its long-awaited Enforcement Guidance regarding… Continue Reading

Recovering Loss of Productivity Through Measured Mile Analysis

Posted in Best Practices, Claims and Disputes, Transportation
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… Continue Reading

Say This Three Times Fast: Sequestration, Construction and Contractor Claims!

Posted in Best Practices
No doubt you have heard, read or seen reports about the sequestration process.  As part of the Budget Control Act of 2011, Congress passed and President Obama signed into law an automatic, indiscriminate process of across-the-board budget cuts called sequestration. Earlier this week, the Washington Post had a great blog post called The Sequestration: Absolutely… Continue Reading

Why You Should Understand DBE Laws and Regulations

Posted in Best Practices, Federal Construction
I recently spoke to a group of highway contractors about disadvantaged business enterprise (DBE) laws and regulations and some of the different policies among the state departments of transportation.  Did you know that in FYI 2010, special agents with USDOT’s Office of Inspector General (DOT-OIG) were responsible for 92 indictments, 72 convictions and over $18… Continue Reading

Guest Post on Construction Law Musings: Making a Connection at a Construction Conference

Posted in Best Practices
Next week, I will be speaking at the AGC National Conference in Honolulu, Hawaii on the following topic: From BIM and PDFs to Tweets and eDiscovery: Planning and Managing a Technology-Driven Construction Project. Make sure you check back on March 19 when I return. Today's post is about making a connection at a construction conference...… Continue Reading