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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

  1. Best Practices Construction Law

    Can Active Interference by Owner Invalidate A No Damages for Delay Clause? Sometimes.

    By Matthew DeVries

    Some will say that a "no damages for delay" clause is harsh.  Well, it depends on which hat you wear. If you are a contractor, you have a reasonable expectation…

  2. Best Practices Construction Law

    Opening Up the Doors (Roads) for Design-Build Contracts on Highway Projects

    By Matthew DeVries

    The Department of Transportation in my home state of New Mexico is the latest to allow the design-build delivery method for highway projects. Although design-build had been approved in New…

  3. Best Practices Construction Law

    Contractors: Do You Have a Cell Phone Policy? Is It Time for an Upgrade?

    By Matthew DeVries

    Smart phones and tablets are now commonplace on the construction job site.  Are your cell phone policies as outdated as the original the flip phones that you issued to your…

  4. Best Practices Construction Law

    If You Settle Your Construction Dispute, Have You Really Settled It?

    By Matthew DeVries

    Just this weekend, after breaking up a Minecraft dispute among four my young children, I sent them back to the world of digital building. Within minutes, they were fighting again.…

  5. Best Practices Construction Law

    Do Your Employees and Construction Laborers Belong to You? Depends.

    By Matthew DeVries

    When walking through the mall or the grocery store with my children, I inevitably get asked, "Are they all yours?"  Depending on my mood, I may or may not claim…

  6. Best Practices Construction Law

    Living Forward: A Book That Will Change You, Your Business and the Construction Industry

    By Matthew DeVries

      In seven years of blogging, I have never marketed another company's or individual's services or products.  Today, I decided to make an exception for one special reason: I believe that…

  7. Best Practices Construction Law

    No Lump on the Head for One Contractor’s Failure to Follow Public Bid Instructions

    By Matthew DeVries

    In our house of chaos, rules are especially important.  And when you don't follow the rules—like no jumping on the furniture—you could end up with a lump on your head.…

  8. Best Practices Construction Law

    Top 10 Compliance Laws for Federal Highway Contractors

    By Matthew DeVries

    Following up on my post about the Yates Memo, I started to think more about the areas of compliance that federal highway contractors must face.  Contractors certify many things and…

  9. Best Practices Construction Law

    What Federal Contractors Should Know About the “Yates Memo”

    By Matthew DeVries

    On September 9, 2015, United States Deputy Attorney General Sally Q. Yates issued a memorandum directing increased focus on individual culpability in matters of corporate wrongdoing. In addition to fines and…

  10. Best Practices Construction Law

    New Executive Order Requires Paid Sick Leave for Federal Contractors

    By Matthew DeVries

    I have seven kids.  I fully understand the importance of "leave" from work when another kid comes along (...how did that happen?...) or when a close family member is sick.…