When contractors seek additional compensation for changes, differing site conditions or other delays, they must convince the DOT or court of the amount they are entitled to be paid. Today’s post discusses one approach to recovery.
Continue Reading Measured Mile: How Contractors Can Recover for Lost Productivity
Contractors, How Long Should You Keep Your Tax (and Project) Records?
I received an alert from my friends at KraftCPAs yesterday with the following subject line: "How long should your keep you tax records?"
The post by Morganne Keel contains some very basic, succinct and easy-to-implement ideas for document retention of tax records, including the following:
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Individual taxpayers
Keep at least three years, but
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
Essential Terms to Include in a Construction Arbitration Clause
I recently read a BNA article on commercial arbitration entitled Achieving the Perceived Cost Savings and Expedience of Commercial Arbitration (pdf). In the article, Chicago attorney William O’Neil identifies six essential terms you should include in your arbitration clauses.
While I agree with most of the essential terms, the recommendations really depend on
Hot Air Balloons: The Sky’s the Limit in Construction Contracting and Project Management
There is a lot of hot air in Albuquerque, New Mexico this week. And it’s not because I was in town … it’s because of the Albuquerque International Hot Air Balloon Fiesta. This post is about some lessons learned in project management on Indian projects.
Continue Reading Hot Air Balloons: The Sky’s the Limit in Construction Contracting and Project Management
Nashville Flood Waters Recede: What To Do About Insurance Claims, Business Recovery and Home Repairs
On Saturday, it rained … and rained … and rained.
On Sunday, it flooded.
On Monday, I took off from work to help stage a shelter at my local church for a number of Nashville flood victims.
On Tuesday, I spent part of the day with displaced residents whose homes were completely demolished. I spent the rest of
The Top Three Causes of Disputes on a Construction Project
Earlier this week, I was talking with fellow attorney who does not practice construction law. At one point in our conversation, he threw out a goocher of a question: "I know this is a hard question, but what do you think causes most of the disputes on a construction project? I am sure there could be
Fourth Circuit Concludes that “Pay if Paid” Clause is Unambiguous and Enforceable
As you may be aware, one of the greatest risks on a construction project involves the payment process. Particularly in these economic hard times, a contractor and its subcontractors and suppliers expect to be paid on a timely basis once the work has been performed.
Continue Reading Fourth Circuit Concludes that “Pay if Paid” Clause is Unambiguous and Enforceable
Lessons from a Bankruptcy Judge: Learn How to Write
"Pay me less before the dispute erupts … or pay me more after the dispute erupts …" is a phrase that many construction litigators have said to their clients. What that means, practically, is that if you invest the time and money to have your attorney review construction contracts before the job starts, you will save time, money and effort later when the dispute
The Problem with Words: They Can LEED to Miscommunication
I have my Google reader set to search various blogs, news sites, and Twitter feeds to help me keep current with the latest trends in the construction industry. There remains one major problem: the words we use have different meanings for everyone.
Take, for example, my search of Twitter feeds (above) for Building Information Modeling (BIM). If you were to do