The headlines in Nashville, Tennessee are hard to miss: “Construction work force taking a hit amid ICE operations in Middle Tennessee” and “Tennessee ranks near the top for ICE arrests” For contractors and subcontractors, these are more than political talking points. It is a business risk that can hit the bottom
Pre-Bid Documents and Estimates Can’t Be Hidden Behind the Curtain in Disputed Delay Claims
With the kids off for spring break this week, we nestled around the big screen for a family favorite. “The Great Oz has spoken! . . . Pay no attention to that man behind the curtain!” My littlest chuckled.
Just like the old man who couldn’t hide behind the curtain in The Wizard of Oz
That’s A Goocher: SD Court Finds Enforceable Construction Contract Despite Lack of Time Component
What’s a goocher? If you saw the movie, Stand By Me, then you know exactly what I mean. And there are times when parties to a construction contract face a goocher. Here’s what I mean…
In J. Clancy, Inc. v. Khan Comfort, LLC, the Supreme Court of South Dakota held that a missing
The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement
If you saw the Netflix thriller Bird Box last year, you know that what you see does not always lead you down the right path. As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals
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,
When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.
Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance.
What I Learned from My Kids About Delay 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
LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract
In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text message can constitute a writing sufficient under the Statute of Frauds to create an enforceable contract.
Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000
Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” In this instance, one party’s failure to strictly follow the contractual notice provision was a $209,235.36
Brrrrrr, It’s Cold! How to Best Prepare a Delay Claim for Unusually Severe Weather
In anticipation of what could be an influx of wintry weather, the Tennessee Department of Transportation has made arrangements to ensure the state’s roadways stay clear. According to the Johnson City Press, TDOT has distributed more than 200,000 tons of salt and 2 million gallons of brine to stations in each of the state’s