Organization
Matthew DeVries
Best Practices Construction Law is a legal blog authored by Matthew J. DeVries, a shareholder at Buchalter, a full-service business law firm with offices across several U.S. states. The blog focuses on legal issues and best practices within the construction industry, covering topics such as risk assessment, claims management, contract drafting, project management, technology in construction, alternative dispute resolution, and legal trends. It provides analysis and commentary relevant to contractors, developers, owners, and other stakeholders involved in construction projects, including public infrastructure and commercial developments. The content aims to address practical problems and solutions encountered in construction law and project execution.
482 published works
Best Practices Construction Law
Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!
You don’t always say what you mean. And you don’t always mean what you say. In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations.…
Best Practices Construction Law
Spearin Doctrine: A Construction Case Described in A Tweet!
I read in my Twitter feed this morning about a recent case where the Missouri Court of Appeals formally adopted the Spearin Doctrine. I immediately wondered if I could explain the Spearin Doctrine…
Best Practices Construction Law
When Is the Contractor’s Termination for Default Proper? When It Does Bad Things.
Sometimes you "do" bad things. Sometimes you "look like" you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just "looks like"…
Best Practices Construction Law
What Is Inefficient Risk Transfer? The Use of Indemnification in Construction Contracts
As a father of seven children, I am always being asked to determine the "responsible party" when something breaks, gets lost, or is simply missing. In parenting, there is no…
Best Practices Construction Law
Did the FAR Lose Its Mojo in the Government Contracts World? Depends.
It's not everyday that you read about one of your longtime heroes, the Federal Acquisition Regulations ("FAR"), losing some of its mojo. The Nash & Cibinic Report read as follows: "The FAR:…
Best Practices Construction Law
How Construction May Be Affected by President Trump’s Executive Orders on Immigration
With all the talk about billions of dollars of investment in infrastructure and sweeping reversal of prior executive orders affecting construction labor and federal contracts, it should come as no…
Best Practices Construction Law
Texas Court Gobble-Gobbles New Federal Overtime Rules
On this Thanksgiving Eve, contractors and other employers can take a breathe and gobble down some extra turkey and pumpkin pie without worrying about the new increases in overtime rules.…
Best Practices Construction Law
What A Trump Card Means In The Game of Construction and Development
Like many of you, I stayed up late on Tuesday night / Wednesday morning to watch the 2016 election returns. I dragged myself into the office after only a few…
Best Practices Construction Law
What I Learned from My Kids About Delay Claims
This past week, I came home to a complete mess in our backyard—it was littered with debris, trash, plates and utensils, and overturn patio furniture. My instruction to the kids…
Best Practices Construction Law
How To Track Increased Construction Costs For Proving Claims
I previously blogged about the importance of using daily reports to prove construction claims. In addition to daily reports, the following records should be prepared and maintained in the normal…