“This is the worst-case scenario to prepare for,” said Kristan Lund, a meteorologist with the National Weather Service, when talking about the recent wildfires in Los Angeles and the subsequent heavy rainfall....more
2/3/2025
/ California ,
Construction Contracts ,
Construction Industry ,
Insurance Claims ,
Insurance Industry ,
Insurance Regulations ,
Property Damage ,
Property Owners ,
Risk Management ,
Tariffs ,
Wildfires
If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work...more
9/24/2020
/ Business Disruption ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Damages ,
Delay Claims ,
Public Projects ,
Sovereign Immunity
Do you think that there is a difference between “furnishing” labor and “performing” labor? (Is there a difference between Godiva chocolate and Palmer’s?) Well, the Court of Civil Appeals of Oklahoma recently held that...more
Owners in Tennessee are celebrating a new law recently passed because they may get their icing, too! The new statute, signed into in May 2018, immediately created a cause of action providing for remedies for the successful...more
When we think of delays on a construction project, the first inquiry is to identify the turtle—the one party holding up progress or causing the delay. Many times, the parties’ contract will dictate whether the contractor can...more
9/5/2018
/ Architects ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contract Terms ,
General Contractors ,
Miami ,
Motion for Summary Judgment ,
Municipalities ,
No Damage For Delay ,
Public Projects ,
Renovations ,
Reversal ,
Waiver of Rights
Last week marked the end of Construction Safety Week 2018, a combined effort by the Construction Industry Safety (CISI) group and the Incident and Injury Free (IIF) CEO Forum. ...more
I forgot how much fun it was playing family board games as a child. We recently dusted off some of the oldies like Sorry, Life and Monopoly to play with the kids. I laughed uncontrollably the first time I got to say, “Go...more
Sometimes, we avoid doing bad things because of the risk of getting caught. Other times, we avoid doing bad things because we simply choose to do right things. Whatever the camp you fall into, a recent government contracts...more
Last weekend we played Speak-Out: Kids versus Parents, a game where you use a plastic thingy to obstruct your speech capabilities. The winning team is the one that guesses the most phrases. Reading and understanding an...more
While having nothing to do with Disney nor being a dad, there is a new law in Florida that went into effect on July 1, 2017 that governs the limitations period for actions other than to recover real property. ...more
Long before I was an attorney, I heard this tale that if you endorsed a check that had the words “PAID IN FULL” written on the check, then you were accepting the check as full payment of what was owed. But I had never really...more
Believe it or not, there are always a wealth of emails and other documents produced in litigation that help “make the case” for the other side. Take, for the example, the e-mail I found in the files of one superintendent...more
You don’t always say what you mean. And you don’t always mean what you say. In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations....more
I read in my Twitter feed this morning about a recent case where the Missouri Court of Appeals formally adopted the Spearin Doctrine.
I immediately wondered if I could explain the Spearin Doctrine in less than 140...more
Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of...more
As a father of seven children, I am always being asked to determine the “responsible party” when something breaks, gets lost, or is simply missing. In parenting, there is no written contract between the adult and to child to...more
It’s not everyday that you read about one of your longtime heroes, the Federal Acquisition Regulations (“FAR”), losing some of its mojo. The Nash & Cibinic Report read as follows: “The FAR: Does It Have Contractual Force and...more
With all the talk about billions of dollars of investment in infrastructure and sweeping reversal of prior executive orders affecting construction labor and federal contracts, it should come as no surprise that President...more
1/31/2017
/ Construction Industry ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Iran ,
Iraq ,
Libya ,
Somalia ,
Sudan ,
Syria ,
Travel Ban ,
Trump Administration ,
Visas ,
Yemen
Most experts say that the construction industry will experience slow and continued growth throughout the new year. For example, according to Dodge Data & Analytics, construction in 2017 is anticipated to see moderate job...more
Like many of you, I stayed up late on Tuesday night / Wednesday morning to watch the 2016 election returns. I dragged myself into the office after only a few hours of sleep and my phone was immediately ringing. Some clients....more
11/11/2016
/ Affordable Care Act ,
Airports ,
Bridges ,
Construction Industry ,
Construction Project ,
Critical Infrastructure Sectors ,
Day Laborers ,
Employee Benefits ,
Federal Contractors ,
Health Insurance ,
Healthcare ,
Highways ,
Immigrants ,
Immigration Reform ,
Minimum Wage ,
OSHA ,
Roads ,
Transportation Industry ,
Undocumented Immigrants ,
Wage and Hour ,
Workplace Safety
This past week, I came to a complete mess in our backyard—it was littered with debris, trash, plates and utensils, and overturn patio furniture. My instruction to the kids yesterday morning was stern: “Clean up this mess by...more
I previously blogged about the importance of using daily reports to prove construction claims.
In addition to daily reports, the following records should be prepared and maintained in the normal course of business to...more
Many delay, disruption, and loss of productivity claims are lost or substantially reduced in value because mistakes, errors and carelessness are reflected in the original schedule and plan of operations. The original schedule...more
Last month, authorities in Suffolk, Virginia were investigating a construction site where human bones were found. Forensic experts were called in to excavate the site and determine whether they were recent or from an old...more
In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text...more