There is no way around it. The concept of revocation of acceptance is an odd one. If you pay for goods or services that turn out to be less than what you bargained for, your first thought might be to sue for damages for breach of contract.
Getting paid is a business survival issue for electrical contractors. Your customer’s bankruptcy impacts your ability to get paid. It also can result in a court undoing prior transactions if the court views them as preferences.
It seems basic that when two parties enter into a construction contract, they are both bound to perform as agreed. Neither side has the right to walk away from the commitment unless there are exceptional circumstances, none of them good.
The phrase, "The king can do no wrong," may sound quaint today. It means a citizen cannot sue the sovereign, even if the king is wrong. This is called sovereign immunity. In American legal parlance, the sovereign is the government.
The "greening of America” is taking on a different meaning than in 1970, when Charles Reich first published his book of that title. Jurisdictions throughout the country are grappling with efforts to reduce negative impacts of our built environment. Membership in the U.S.
“It is undisputed that virtually all of the drawings and specifications … contained substantial errors, conflicts and discrepancies, which rendered them unusable for the construction of the project … .” Eaton Electric Inc. v. Dormitory Authority of the State of New York, (N.Y.
Mold litigation has occasionally been described as the next asbestos by some impressed by the potential widespread claims and potential personal injury-related damages. Other commentators have pointed to hurdles faced by plaintiffs in getting medical testimony in front of juries.
Example 1: During a push to get a new department store finished, the owner changes lighting layouts. He also decides to expand a storage area. No new drawings are issued, and the owner’s representative tells you to go ahead on verbal instructions.
My law firm recently defended a title company and its settlement agent in a case involving allegations of predatory lending. It emphasized a few important points. First, written contracts matter. Second, they matter perhaps far more than individuals understand.
The movement for green building is charging ahead so fast the law surrounding this type of construction has not been able to keep up and remains largely uncharted territory. It is difficult to predict which standard will rule and how the court will interpret that standard.
When a subcontractor is not paid, the first questions asked are, “Who is a friend? Who is an enemy?” Do you sue everyone, or do you join forces? The subcontractor’s decision can have long-range consequences.
In October 2007, the American Institute of Architects (AIA) released revisions to its Contract Documents templates. The AIA previously updated the documents in 1997. You should be aware of five areas of significant changes made to A201—General Conditions of the Contract for Construction.
Government contract bidding and negotiation are complex processes. Competitive bidding is the dominant model used to make labor and material selections for the majority of government construction projects.
Waiver and estoppel are two different equitable concepts that lead to the same result. With waiver, a person’s actions result in the loss (a waiver) of a right. With estoppel, the right continues to exist, but it cannot be used. In both instances, the law is trying to do what is fair.
What is a waiver of subrogation? Its provisions are poorly understood and often ignored, but they can be absolutely critical to protecting your business interests. In order to understand the meaning of the waiver, you must first grasp the basic concept of subrogation.
How often have you told yourself, if I had it to do over, I would have done things differently? My thinking is that hindsight is 50/50, because the correct answer isn’t always clear. Even so, when I read the court’s opinion in St. Paul Fire and Marine Ins. Co. v.
Daewoo Engineering & Construction Company versus United States, 73 Fed. Ct. 547 (2006) involved a claim for excess costs on an Army Corps of Engineers project. A lengthy trial resulted in an award of $50 million against Daewoo for fraud.