Complimentary. It’s is on me. Featuring me. And you. It’s not too late to register for the coolest construction law webinar ever on Tuesday, December 15, 2020, at 12:30 pm EST. You can register now on Professional Constructor Central’s website. See you soon.…

We live in a world of e-mails, IMs, texts, Snapchats, TikToks, Instagrams and the occasional fax.  Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called “Notice”) remains subject to some very strict rules imposed by contract, case law or statute. Notice of Claims.  In a transportation case involving a personal injury, Department of Transportation v. Jones, the Court of Appeals of Georgia explained the importance of strict compliance…

Long before I was an attorney, I heard this tale that if you endorsed a check that had the words “PAID IN FULL” written on the check, then you were accepting the check as full payment of whatever was owed.  But I have never really thought about that legal principle because, “People don’t really do that, do they?” In Triangle Construction Co. v. Fouches and Assoc., the Court of Appeals of Mississippi held that…

It happens all the time! The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment.  And yet we see a claim for delays and extras filed at the end of a construction project that challenges these very contract provisions. The Court of Appeals of North Carolina recently grappled with…

If you are left in the dark about something, you don’t have the information you should have to make an informed decision.  Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities.  A few years ago, I found a case the shed some light on the delay v. disruption distinction. In County of Galveston v. Triple B Services, LLP, decided on…

With six kids, not a week goes by that I don’t catch one of them running through the house.  In fact, I was on a call this morning when out of the corner of my eye I saw a blur racing down the hall.  I did a double take—not knowing which one it was—and whispered loudly, “Hey you! Please no running!” As a construction litigator, every so often you read a case that leaves you with…

You probably saw last month’s report about a major accident at a construction site in downtown Miami, Florida. Investigation is still underway as to the root cause. This is a good reminder of the lessons to learn when investigating or handling an accident on a construction site. These include: Prepare before the accident. It is important to prepare before the accident by having a checklist or best practices protocol to follow if an accident should…