As I have stated before, differing site condition claims remain fairly common. They can also one of the most difficult claims for a contractor to prove at trial. There are two types of differing site condition claims–Type I
I recently gave a presentation on essential construction contract provisions at the annual conference for the Florida Municipal Attorneys Association. Part of my presentation addressed liquidated damages clauses in government construction contract. After speaking, I was approached with follow-up
Sureties have many defenses that they like to assert to avoid paying under a performance bond. One of those defenses arises when the obligee (usually the owner or the general contractor terminating a subcontractor) precludes the surety from exercising one
When submitting a bid for a public construction project, a contractor is typically required to submit a bid bond along with its bid. A bid bond is a written agreement under which a surety agrees to pay a specific amount
If a contractor is unable to perform its work as efficiently as expected due to the actions of other project participants, the contractor may incur loss of productivity damages. There are many ways to price those types of damages.
One federal government agency has instructed its contracting officers to deny contractor claims for additional compensation due to inflation-related material price escalations. The only exception to that instruction is where the contract contains an economic price adjustment clause. But
A performance bond ensures that the contractor or subcontractor that obtains the bond will complete its work under the parties’ contract. When a bonded contractor or subcontractor defaults, the surety that issued the bond should step in and exercise one
In 2020, I read many articles addressing how contractors can mitigate the effects of COVID-19 on construction projects. I also wrote similar articles, including tracking COVID-19 impacts and whether a contractor can get more time and money due to COVID-19
Unpaid subcontractors on federal government projects typically have payment bond rights that allow subcontractors to sue for payment to which they are entitled. There are many deadlines subcontractors must meet to preserve their rights under a payment bond. One
Change-in-scope claims are one of the most common contractor claims. Typically, scope disputes center on whether work that the owner directed a contractor to perform was part of the original scope of the contractor’s work. If it was part