Best Practices Construction Law
SEPTEMBER 25, 2020
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.
Best Practices Construction Law
APRIL 28, 2015
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. Take, for example, the world of changes in the construction context.
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NH Construction Law
MARCH 24, 2018
Given the importance of nailing down any changes to an original scope of work along with their price and schedule effects, many construction contracts require change orders to be in writing, and even define change orders as written instruments. Section 7.2.1 Should he suspend work, and risk being in breach?
Best Practices Construction Law
NOVEMBER 22, 2019
Having litigated construction disputes for almost 20 years, the issue of entitlement often turns on whether the contractor properly submitted its claims in accordance with the terms of the parties’ contract. Don’t wait until the lawsuit or demand for arbitration before giving notice of your claim.
Best Practices Construction Law
SEPTEMBER 4, 2014
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.
Best Practices Construction Law
NOVEMBER 4, 2015
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. Review change orders and correspondence.
Best Practices Construction Law
MAY 21, 2012
This type of report will usually prove insufficient to support a request for additional compensation or change order claim. Admittedly, contractors can claim success when they devise a system that provides detailed reporting on days problems occur. Include work categories and/or cost codes.
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