While most states have enacted various forms of prompt payment laws for construction projects, California Senate Bill 440, known as the Private Works Change Order Fair Payment Act, marks a pivotal change in how payment obligations related to change orders are handled on private construction projects. Signed into law on October 10, 2025
When Licensing Lapses: How One Contractor Lost a $1 Million Dispute
As a construction lawyer, contractor licensing is a very key aspect of my practice. This can include new contractor applications, increase or changes in monetary limits or license classifications, change in ownership or qualifying agent , and, of course, licensing violations.
The recent decision in Incident365 Florida, LLC v. Ocean Pointe V Condominium Association serves
Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs
Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to COVID-19.
APTIM Federal Services, LLC (ASBCA No. 62982) involved a contractor who sought to recover $99,076 in operational costs incurred
Complimentary E-Book: Best Practices for Contractors to Address COVID-19
I am not going to even attempt to describe what has occurred over the past week. You’ve read it online. You’ve watched the daily news reports. You’ve listened to the radio. And you’ve even had to adjust your own schedule to accommodate school closings. While working remotely myself, my mobile phone has been constantly pinging
The Broccoli Incident: Making Sure You Ask for What You Want In Construction Claims
You may have met my 22 year old Princess when she was 11. A few years ago, I was teaching her about grace … undeserved merit or favor.
Well, my daughter was stalling and delaying on eating her meal … by almost an hour. So, naturally, I saw this as a teachable moment.
“Honey,
Best Practice: How to Track Increased Construction Costs for Proving Claims
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
Using Daily Reports to Prove Construction Claims
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
Measured Mile: How Contractors Can Recover for Lost Productivity
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
Webinar: From Paper to Paperless on a Construction Project
Seems like I have been doing a lot of out-of-town speaking lately. Fortunately, my next gig will be in my own office, in front of a computer, with a headset attached. You should consider joining me on October 13, 2010, at 1:00 to 2:30pm (Eastern) for what will be an exciting webinar:
From Paper to
Magic Carpet Ride: Maryland Court Holds Termination of Subcontractor to Be Improper
Released in 1968, the lyrics from Steppenwolf’s psychedelic rock song blare out: "I like to dream, right between my sound machine…" Yep, you remember … the Magic Carpet Ride!
The Maryland Court of Appeals recently decided a construction case based upon a set of pre-contract discussions that Judge Harrell described as a "complicated series of events from