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
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
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
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?
Recently I was discussing the process for determining an employers’ experience rating for workers’ compensation injuries, and I was surprised to learn about some dramatic cost increases that will likely occur in 2013. Today’s post reviews those changes.
Continue Reading Attn Contractors: Workers’ Comp Costs Likely to Increase Beginning January 1, 2013
While I generally limit my guest posts to my fellow law partners, I simply could not resist sharing with you today’s post from my friend and construction attorney, Scott Wolfe, Jr., which focuses on Best Practices for filing mechanics liens and bond claims.
Continue Reading Mechanics Lien and Bond Claims Best Practices
As a construction contractor, your work can be delayed for reasons beyond your control. If this happens, you want to know that you can recover your losses for additional labor, extended overhead, and other monetary damages. Would it surprise you to learn that you may have waived that right in your contract?
In the recent
Last month, I wrote a post about using daily reports to support a construction claim. Today, I review some tips from Judge Steven Reed about the importance of the “story” in a construction claim.
Continue Reading The Importance of “Story” in Proving a Construction Claim
One of the basic, yet most important, aspects of project documentation includes effective use of an on-going and detailed set of daily reports. Today’s post is about the use of daily reports to prove construction claims.
Continue Reading Using Daily Reports to Prove Construction Claims
The “hand writing on the wall” is a sign of doom or misfortune. When something goes bad on a construction project, you have many choices. Today’s post focuses on the best practice of finding a solution first and pointing the finger later.
Continue Reading Writing on the Wall: Handling Unexpected Issues on a Construction Project