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…

The last six months have been a whirlwind, especially for this single dad of six school children (who are no longer in school) while I work from home/office/car/jobsite/court. During the first week of the pandemic, I wrote an ebook for contractors on how to deal with COVID-19. Over the next month, I answered countless phone call and emails, asking about safety and employment issues in the construction industry.  Weeks four through six had me…

I have been thinking of launching a leadership mastermind for construction professionals.  And this idea came to me over the past month as the world basically came to a complete halt—except for the construction industry, which has instead been on a roller coaster ride. You see, most of the states and cities have enacted various “stay at home” orders with various exceptions for construction work, depending on the locality, the type of construction work, or…

Many jurisdictions have allowed construction activities to continue through the COVID-19 pandemic. But the “stay at home” restrictions have varied from a state to state. Restrictions vary depending on whether the project is public infrastructure, to commercial, to health care, to multifamily and residential. (Make sure that you confirm your particular jurisdiction’s orders to see what restrictions are in place.) When the Center for Disease Control (“CDC”) initially released its guidelines on social distancing in…