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Best Practices for Developing a Contractor’s Request for Compensation

Best Practices Construction Law

My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. Recently, Cordell sent me a list of items that all contractors should review when developing a request for additional compensation.

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

Best Practices Construction Law

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. The contractor won a bid to construct a water system in two local counties. Fouches and Assoc., The “paid in full” principle is not just an old wives’ tale.

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Should Contractor-Financed Projects Be Competitively Bid?

Construction Dive

Increasingly, the constructor is also the financier, compensated through lease payments, tolls, or other user fees. The bidding laws in many states have been slow to keep pace. The procurement was exempt from competitive bidding. These new project arrangements have proved challenging to the public procurement system.

Bidding 51
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Provide Notice (and 10 Other Tasks) When Pursuing a Construction Claim

Best Practices Construction Law

When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. Identify issues and establish a roadmap. If not, why not?

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Tongue Twister: Commander Closes Construction Site for COVID and Contractor Can’t Recover Contract Costs

Best Practices Construction Law

2008), wherein a government contractor sought compensation for being barred from a military base for 41 days following the 9/11 terrorist attacks. The APTIM decision expressly addresses the Sovereign Acts defense, which ultimately denied the contractor’s claim for additional compensation. Geren , 550 F.3d 3d 1368 (Fed.

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Landmark Contractor Licensing Case Limits Disgorgement Remedy in California

Construction and Infrastructure Law

Labor Code §§ 1020-1022), and the inability to maintain a lawsuit to recover compensation for their work. Contractors who perform work in California without being properly licensed are subject to a world of hurt, including civil and criminal penalties ( see, e.g., Cal. & Prof. Code §§ 7028, 7028.6, 7117, and Cal. Bus & Prof.

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Contractor Submits “Penny Bid” for Rock Removal and Loses in the End

Best Practices Construction Law

You can imagine the opposite reaction when a contractor bids a penny for rock removal for a competitive bid and later discovers that there was 250% more rock than anticipated. In its successful bid to perform work for the Town of Avon, th Contractor assigned a unit price of $0.01 Town of Avon. The Court’s Reasoning.

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