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Court Recognizes Day-to-Day Changes Are Compensable Despite Contractual Waivers

Best Practices Construction Law

The owner-contractor agreement contains a “no damages for delay” clause; a clause requiring that all changes be in writing before work is performed; and a clause requiring partial lien waivers and releases with each periodic payment. Ultimately, the trial court awarded the subcontractor more than $800k for its claims.

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How to File a Lawsuit After an Injury At a Construction Site?

Construction Marketing

You may wonder if you have legal recourse if you have been injured while working at a construction site. Damage recovery If your claim is successful, you may be entitled to recover damages for your injuries. Workers’ compensation is a state-mandated insurance program that benefits workers injured on the job.

Injury 253
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Not Just An Old Wives’ Tale: Negotiating “Paid In Full” Check Binds Contractor

Best Practices Construction Law

But I have never really thought about that legal principle because, “People don’t really do that, do they?”. the Court of Appeals of Mississippi held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. In Triangle Construction Co. Fouches and Assoc.,

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“Paid in Full” Wives’ Tale True? When Endorsing A Check, Yes Ma’am!

Best Practices Construction Law

But I had never really thought about that legal principle because, “People don’t really do that, do they?” the Court of Appeals of Mississippi recently held that the PAID IN FULL principle—or what lawyers know as accord and satisfaction —barred a contractor’s claim for additional payment. Fouches and Assoc.,

Claims 83
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No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Best Practices Construction Law

Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities. Triple B Services, LLP , decided on May 26, 2016, the Court of Appeals of Texas reviewed a contractor’s claim for damages on a road expansion project. disruption distinction.

Claims 118
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Construction Arbitration

Constructlaw

Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Industry-specific legal concepts.

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Change Directive v. Change Order v. Construction Change

Best Practices Construction Law

In the legal world, words have meaning. Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. This Agreement becomes a part of the Contract when properly executed and approved.