Matthew DeVries

Rebuilding for Success: Are You Interested in a Construction Leadership Mastermind?

By Matthew DeVries

April 29, 2020

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…

Best Practices Construction Law

CDC and OSHA Speak: How to Keep Construction Workers Safe During COVID-19 Pandemic

By Matthew DeVries

April 22, 2020

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…

Best Practices Construction Law

Complimentary E-Book: Best Practices for Contractors to Address COVID-19

By Matthew DeVries

March 20, 2020

I am not going to even attempt to describe what has occurred over the past week. You’ve read it online. You’ve watched the daily news reports. You’ve listened to the radio. And you’ve even had to adjust your own schedule to accommodate school closings. While working remotely myself, my mobile phone has been constantly pinging me with calls, emails and texts—all asking substantially the same question: How do we response to this mess? After four…

Best Practices Construction Law

Contractor’s Alleged Licensing Violation Raises Due Process Concerns in Mississippi

By Matthew DeVries

March 11, 2020

Contractor licensing violations raise serious concerns for all parties. For an owner, an unlicensed contractor may affect financing options on one end and the contractor’s entitlement to recover profits on the other end. For contractors, a licensing violation can have a crippling effect on all projects, the ability to perform, and the ultimate ability to recover amounts owed under a contract. For subcontractors and suppliers, an alleged licensing violation can be used as leverage to…

Best Practices Construction Law

Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government

By Matthew DeVries

March 10, 2020

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. 59637 (Feb. 20, 2020), the Armed Services Board of Contract Appeals recently denied a claim for Eichleay home office overhead delay damages …

Best Practices Construction Law

Tornadoes and Other Catastrophic Events Can Cripple a Construction Project—And How to Respond

By Matthew DeVries

March 9, 2020

I missed it by less than an hour. I was working late last week and left my office right before midnight … which happened to be right before a Category 5 tornado ripped through the outskirts of downtown Nashville and then proceeded to East Nashville and Putnam County. The next morning, the skies were clear as the sounds of sirens and wreckage hummed throughout the city. It has not been a week since the catastrophic…

Best Practices Construction Law

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

By Matthew DeVries

March 2, 2020

As a single dad of a handful of kids, my evenings and weekends are always a joyful ride. Just last weekend, I had a mini trial with one of my Littles who, get this, wanted to spend the night at a friend’s house, but also wanted to go to the movies with her other siblings. My verdict: “You can’t have it both ways!” In Goes v. Vogler, 937 N.W.2d 190 (2020), the Supreme Court of…

Best Practices Construction Law

Construction Law Summit in Nashville: How to Claim an Invitation!

By Matthew DeVries

January 13, 2020

I have been blogging for over 10 years now. I have spoken at construction and leadership conferences all over the country. Do you want to know my favorite place to speak? My favorite place to speak is wherever I am. That’s right, I enjoy people-meeting, story-telling, and especially problem-solving. Best Practices Construction Law is about all of those. As a recipient four years in a row of the JD Supra Readers Choice Award in Construction Law, the…

Best Practices Construction Law

What About Changes? A Lesson from the Side of the Interstate on Christmas Morning

By Matthew DeVries

December 26, 2019

You know that I have a lot of kids. But what you may not know is that our family went through a major change last year—their mom and I got a divorce. And so … like a construction project sometimes riddled with uncertainty … we each have a choice about how we are going to adjust to change. But let me first tell you a story. Yesterday was the first morning in 18 years that…

Best Practices Construction Law

The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement

By Matthew DeVries

December 18, 2019

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 or the introduction of documents. In a recent case, Wollaston Industries v. Robert E. Ciccone d/b/a Ciccone Door Services, (U.S.D.C. Mass)…

Matthew DeVries

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Rebuilding for Success: Are You Interested in a Construction Leadership Mastermind?

CDC and OSHA Speak: How to Keep Construction Workers Safe During COVID-19 Pandemic

Complimentary E-Book: Best Practices for Contractors to Address COVID-19

Contractor’s Alleged Licensing Violation Raises Due Process Concerns in Mississippi

Email Sent After Final Payment Held Insufficient to Preserve Timeliness of Claim Against Government

Tornadoes and Other Catastrophic Events Can Cripple a Construction Project—And How to Respond

Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways

Construction Law Summit in Nashville: How to Claim an Invitation!

What About Changes? A Lesson from the Side of the Interstate on Christmas Morning

The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement

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