It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. And yet we see a claim for delays and extras filed at the end
Contractors: What is UETA and Why Should You Care?
Given the increase of today’s mobile technologies available on the construction site … from smart phones, to iPads and tablets, to electronic drawings and specifications … there are going to be new disputes involving those technologies. Today’s post addresses the use of EMAILS on a project.
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Google Scholar Provides Outstanding Preliminary Legal Research
It has been almost three years since the giant (…Google…) joined the legal research playing field with Westlaw, LEXIS, FindLaw and all the other law-related databases. Today’s post is about how a Google Scholar search can be used for legal research.
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Construction Contracts: New Technology for ConsensusDocs to be Released
I just received an email this morning from ConsensusDocs, announcing that they will be offering a new and significantly improved new technology platform for ConsensusDocs contracts within the next two weeks that will improve the contract process.
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Top 20 Contract Issues for Contractors and Subcontractors (Part 2)
After yesterday’s post, I received an email from a reader saying that the post was SWEET. Thanks for the comment! (This picture is for you!) To start a SOUR trend, today I am going to address terminations and changes.
In this second part of a four-part series, I will share some of the contract issues
New Report: FHWA’s Oversight of Federal-Aid and Federal Recovery Act Projects
On July 15, 2011, the USDOT’s Office of Inspector General (DOT-OIG) issued a final report on the Federal Highway Administration’s (FHWA) oversight of federal-aid and Recovery Act projects administered by Local Public Agencies (LPA). You can download a copy of the report here [pdf].
The DOT-OIG initiated the audit because the FHWA previously acknowledged that LPAs
How To Prove a Constructive Change or Extra Work Claim
Many construction cases that end up in court or arbitration do so because contractors are unable to prove each of the elements of its claim. Additionally, the value of many out-of-court settlements is also reduced because the contractor is unable to prove each of the elements of this claim.
One of the more litigated issues
How to Deal with the “Ripple Effect” or “Cumulative Impact” of Change Orders
Last week was crazy for me! Not only did I have more meetings than one could fit in the work week, but we had to find alternative overnight plans for our six children for an out-of-town law firm event. Just like a construction project, we had to deal with the "ripple effect" of many changes
After Two Rounds, Road Builder Wins $2.5 Million Bonus from TDOT
If you are a contractor, you love hearing about these types of boxing tales: Contractor works his butt off. Owner benefits from the accelerated work. Contractor seeks early completion bonus. Owner rejects the claim based upon technicality. Contractor fights in court … fights on appeal … and wins!
That is exactly what happened in