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
Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government
They say that hindsight is 20/20. Who is they, anyway? The old proverb means that it is easy to understand something after it has already happened. In the world of construction contracts, preservation of claims made in hindsight does not always get you what you want.
In Appeal of Matcon Diamond, Inc., ASBCA No.
My Daughter Gets No Devastation Damages…And Neither Do You Government Contractor!
Our middle child of seven kids suffers from classic Middle Child Syndrome. She has the largest heart in the family, and yet every other minute is a moment of devastation, wrought with feelings of neglect, resentfulness and sadness. We love her and we have empathy, but—like government contractors who sometimes feel burned—there are no devastation
Who Assumes the Risk of Material Cost Increases? As Always, It Depends!
When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it. In other words, you are negotiating about who takes
“New” Means “New” When the Construction Contract Says “New”
There’s “new.” And there’s “new to you.” And there’s “refurbished new.” And there’s “open box special new.” And there’s “floor display model new.” But when it comes to contract specifications requiring “new” equipment, one court looked to a dictionary to define it as “never used before” and “free of significant damage.”
In a recent case,
The Importance of “Story” in Proving a Construction Claim
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.
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How To Prove a Constructive Change or Extra Work Claim
Many construction cases that end up in court or arbitration do so because contractors are unable to prove each of the elements of its claim. Additionally, the value of many out-of-court settlements is also reduced because the contractor is unable to prove each of the elements of this claim.
One of the more litigated issues
The Spearin Doctrine In Less Than 140 Characters
Today’s post is about the Spearin Doctrine, tweeted in less than 140 characters:
US v. Spearin: Owner designs. Contractor builds. Owner accepts. Work sucks. Owner sues. Contractor absolved. Owner loses.
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