I have seven children. and two of them have flown the coop. I also have two grandchildren who are ripe for spoiling. You see, grandchildren are a different type of kid, which means I get to treat them different than the kiddos living under my roof. In construction, however, some courts have held that
Design-Build Contractor Held to the Same Standard On Differing Site Conditions Clause
Each and every kid in my house is held to the same standard—a very tough one I might add. You see, I recognize they are different ages, difference sexes, and have different strengths and weaknesses, but that does not change how I choose to parent as a single dad. In the same way, a court
Discover an Underground Storage Tank During Construction? What Next?
HQ Construction, the Tennessee Department of Transportation‘s new monthly newsletter, recently highlighted in its June 2015 issue an instance when a road builder discovered what appeared to be an underground storage tank (UST). That can certainly disrupt construction, right?
During excavation activities of the
Contractor Submits “Penny Bid” for Rock Removal and Loses in the End
In our house of seven children, a penny found on the ground brings laughter and excitement. You can imagine the opposite reaction when a contractor bids a penny for rock removal for a competitive bid and later discovers that there was 250% more rock than anticipated.
That’s what happened recently in Celco Construction Corp. v.
Writing on the Wall: Handling Unexpected Issues on a Construction Project
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
Top 20 Contract Issues for Contractors and Subcontractors (Part 1)
I generally follow a "put it writing" rule, which means that if something is in writing it is more than likely to be achieved. Whether you are a list-maker or a goal-setter, your efforts will be rewarded if you put those lists and goals in writing.
In this first part of a four-part series
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
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