It kind of goes without saying, but you should probably bring your expert to a dispute if there is going to be a battle of the experts. One contractor recently learned this lesson to the tune of $65,000.
In Appeal
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.
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Gobble Gobble First and Then You Can Put Up the Christmas Tree. Well, Kinda.
As we enter the holiday season, some people have strict guidelines about when the Christmas tree or other holiday decorations are allowed to takeover our daily lives, offices, and homes. The red and white ribbons and the colored lights of…
When Does A Claim for Damages Not Require Notice? When It Is One For Liquidated Damages.
I just blogged about asking for what you want and the importance of complying with notice provisions in pursuing a construction claim. A court in Oklahoma just reminded me that not all claims require notice. Here’s what I mean.
In…
The Broccoli Incident: Making Sure You Ask for What You Want In Construction Claims
You may have met my 22 year old Princess when she was 11. A few years ago, I was teaching her about grace … undeserved merit or favor.
Well, my daughter was stalling and delaying on eating her meal ……
The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses in Construction Contracts
As you may be aware, one of the greatest risks on a construction project involves the payment process. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a…
Design-Build Contractor Held to the Same Standard On Differing Site Conditions Clause
Each and every kid in my house is held to the same standard—a very tough one I might add. You see, I recognize they are different ages, difference sexes, and have different strengths and weaknesses, but that does not change…
When Is A 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” she’s up to no good. In the world of construction…
Can A Construction Contractor Email Notice of a Claim? Maybe!
A few years ago, I did a post on whether a digital signature in a construction contract was valid. Given the regularity by which parties now communicate by email, it is certainly a subject worth revisiting.
In United States…
Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!
Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties. And if the case is subject to arbitration, it is likely that there will be a dispute about whether the arbitrator has the authority to…
Contracting Officer’s Belief That Contractor Could Not Meet Schedule Requirements Insufficient to Support Default Termination
There is objective evidence. There is subjective evidence. And sometimes, it is a combination of both A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a number of…