Topic
Construction Contract
419 published works
Constructlaw®
Federal Court Holds That Under Louisiana Law, Actual Notice of Cause of Delay Satisfies Contractual Notice Requirement Despite Failure to Strictly Comply With the Notice Provision
By John Conrad
Parkcrest Builders, LLC v. Hous. Auth. of New Orleans, 2017 U.S. Dist. LEXIS 125012 (E.D. La. August 8, 2017) The Housing Authority of New Orleans (“the Authority”) contracted with Parkcrest…
BuildSmart
A Lesson on Good Faith and Fair Dealing in Solar Construction
Late last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site…
The Lien Zone
Timing Is Everything in Construction
By Alex Barthet
Most people enter into a construction contract with the understanding that performance will occur within a specific timeframe. When that doesn’t happen, everyone tends to look to the terms of…
The Lien Zone
3 Different Exposures in Construction Contracts
By Alex Barthet
Though often found together these three provisions have very different meanings.A “hold harmless” clause is the provision which, if drafted correctly, has the effect of releasing one from liability. Indemnification…
Ahead of Schedule
Contracts Are King, But Don’t Forget Tort Law
By Guy Randles
The construction industry is driven by its memorialization of business terms and legal obligations in written contracts. However, “tort” law also imposes many implied rights and obligations independent of what…
Texas Construction Law Blog
When is an Unforeseen Condition a “Differing Site Condition”?
I was reviewing various articles I have written over the years and came across a prior version of this one about differing site conditions, written nearly twenty years ago. I…
The Toolbox
Cybersecurity: Addressing it in Construction Contracts
By Dale Butler
Recently, the largest single ransomware attack to date occurred when ransomware known as WannaCry attacked companies around the world. These companies will likely not know the extent of the damage…
Blaneys Appeals
ONTARIO COURT OF APPEAL SUMMARIES (JUNE 12 – 16, 2017)
Good afternoon, Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. In Hodge v. Neinstein, the Court upheld the Divisional Court’s certification of…
The Lien Zone
Are These 4 Mandatory Disclosures Missing From Your Construction Contract?
By Alex Barthet
In Florida, there are four very specific disclosures that are required by law to be in your residential construction contracts.1. Lien Law DisclosureIf your contract is in excess of $2,500…
From the Ground Up
A Light in the Darkness: The “Small Business Know-Before-You-Bid Construction Transparency Act of 2017”
By Brian Esler
Federal government contracting comes with a myriad of challenges, not the least of which are sometimes opaque procedures for getting paid (or taking action if you’re not getting paid). A…