Best Practices Construction Law

NOVEMBER 26, 2019

In the world of construction claims, according to one court, these same rules apply—it is premature to award damages before the claim has been considered and either approved or rejected. The contractor paid the contract balance to the subcontractor, but the subcontractor filed a motion to confirm the award on the change order work.

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Change Orders Claims Contract Contractors 62

Best Practices Construction Law

JUNE 24, 2016

Recently, a court addressed the question about whether a text message can constitute a writing sufficient under the Statute of Frauds to create an enforceable contract. The transaction involved numerous discussions and emails, including four drafts of a letter of intent from Buyer to Seller for purchase of a piece of property.

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Contract Claims Documentation Change Orders 91

Best Practices Construction Law

NOVEMBER 21, 2019

The subcontract between the general contractor and the concrete subcontractor contained the following clause: “The obligation of contractor to make payment under this agreement, whether a progress or final payment, or for extra or change orders or delays to the work, is subject to the express condition precedent of payment from the owner. ”.

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Contract Subcontracting Drafting Virginia 77

Autodesk Construction Cloud

NOVEMBER 15, 2021

In a perfect world, a contract should include a clear set of instructions that conveys well-defined expectations to all parties concerned. This episode of Autodesk’s Digital Builder podcast addresses the most common challenges with contracts and how simple adjustments can ensure you fully understand what you’re signing.

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Contract Contractors Negotiation Subcontracting 52

Autodesk Construction Cloud

DECEMBER 18, 2021

In fact, you typically won’t be able to release final retainage without it—effectively putting as much as 10% of your contract at stake. And that 10% loss doesn’t even factor in the costs associated with claims that can come from prolonged payment disputes. Delayed change order resolution. The reverse bell curve.

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Change Orders Documentation Equipment Risk 52

Best Practices Construction Law

FEBRUARY 28, 2013

First, email communications tend to be sent "off the cuff" without creating a draft of the communication that can be reviewed by team members. For example, did you know that your email communications can be used to establish an enforceable contract, change order, or settlement? Image: Sean MacEntee.

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Tennessee Change Orders Contractors iPad 48

Best Practices Construction Law

MARCH 14, 2016

The attorney for the Williams drafted a short letter agreement and sent it to opposing counsel. An agreed order of dismissal was also submitted to the attorney for McNeese. When Williams was “unable to obtain” a signature on the agreed order from opposing counsel, they filed a motion to enforce the settlement agreement.

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Agreement Change Orders Drafting Tennessee 48